1. home and garden

King County Housing Authority
Section 8 Housing Voucher Program
700 Andover Park West
Tukwila, WA. 98188
Telephone: 206-214-1300
Fax: 206-243-5927
Fraud Hotline: 206-214-1353
Web: www.kcha.org
Website for listing Properties: www.HousingSearchNW.org
Section 8 Landlord Handbook
The Mission of the King County Housing Authority
Is to provide quality affordable housing opportunities
and to build communities through partnerships.
We encourage self-sufficiency and we
protect the dignity of people with limited resources
while safeguarding the public trust.
Office Hours: Monday, Tuesday, and Friday 9:00 a.m. to 4:00 p.m.
Thursday 9:00 a.m. to 5:15 p.m.
The Office is closed to the Public on Wednesday, Saturday, Sunday and most
holidays.
Section 8 Landlord Handbook 4/12
Page 1
Index
Category
Page
Welcome
3
What is a Section 8 Housing Voucher?
3
What is the Section8 Voucher program?
What are the benefits to a landlord?
3
3
How does a landlord get on the Section 8 program?
4
How does the process work?
Tenant Screening
The Request for Tenancy Approval
The Unit rent Approval
The Inspection process
The Inspection Preparation checklist
Procedure to dispute a Housing Authority decision
4
4
5
5
5
9
11
Who is an eligible Section 8 Participant?
What are Payment Standards?
Calculation of Subsidy and Family share
What is the Energy Assistance Supplement (EAS)?
Dwelling Lease and Contracts
Annual Rent Increases
What are the Responsibilities of the Landlord?
What are the Responsibilities of the Tenant?
Termination of Assistance by the Housing Authority
Termination of Assistance by the Tenant
Termination of Assistance by the Landlord
Exhibits
Section 8 Landlord Handbook 4/12
4
11
12
13
13
13
13
14
15
16
16
17
Page 2
Welcome to King County Housing Authority Section 8
Voucher Program.
We are excited to have you join King County Housing Authority in
meeting the housing needs of families in our community. This Handbook
will help you be a successful landlord with the Section 8 Voucher
Program. We hope that you find it useful and will refer to it often.
What Is The Section 8 Voucher Program?
The Section 8 Voucher Program is a rent subsidy program funded by the Department of Urban
Development (HUD) and administered by the Housing Authority. The purpose of the Section
8 program is to provide rental assistance to low income families.
What Is A Section 8 Housing Voucher?
The Section 8 Housing Voucher allows the Housing Authority to pay a fixed amount based on
the tenant’s income with the tenant is responsible for any amount above the Section 8 payment.
The tenant will be initially responsible to pay at least 28% of their monthly income but no more
that 40% for rent and utilities. There are no published limitations on the amount of contract
rent a landlord may request; however, the rent must still be comparable to other similar units in
the area.
What Are The Benefits To A Landlord?
Over the years, many landlords and property managers have come to appreciate the following
advantages of the Section 8 program:
 Having a contracted monthly assistance payment that is on time and guaranteed.
 If the tenant’s income decreases, their portion of the rent can be lowered and the
Housing Authority’s portion can be increased, so the Landlord gets their full rent
amount.
 There is minimal paperwork to be done and Landlords use their own lease and their
screening process for tenant selection.
 Inspections done by the Housing Authority will help you to maintain your property.
Keeping your property well maintained helps ensure its resale value and also makes it
easier to lease up again when a participant does vacate.
 The program provides an additional avenue for locating tenants to fill vacant units and a
listing tool to list vacant units. Website for property listing:
www.HousingSearchNW.org.
Section 8 Landlord Handbook 4/12
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How Does a Landlord get on the Section 8 Program?
Any landlord willing to work within the guidelines of the Section 8 program can rent their unit
on the Section 8 program. The rent must be within the program limits and comparable to other
rents in the area, the unit must meet the Housing Quality Standards, and the landlord must be
willing to maintain and enforce their obligations under the signed contracts. The Housing
Authority provides a courtesy list of units, which is available to Section 8 participants.
Who Is An Eligible Section 8 Participant?
There are five eligibility requirements for admission to the Section 8 Voucher program. To be
eligible for the Section 8 program the family must:
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Qualify as a Family as defined by HUD and the Housing Authority.
Have income at or below HUD-specified income limits.
Qualify on the basis of citizenship or the eligible immigrant status of family members.
Provide social security cards/number information for all family members as required by
HUD.
 Consent to the Housing Authority’s collection and use of Family information as
provided for Housing Authority-provided consent forms.
Once the Housing Authority approves the applicant/family for admission to the program and
family attends a 90-minute briefing, family is issued the Housing Voucher. At the briefing, the
family will receive information about searching for a suitable unit and an Estimated Subsidy
form, which gives the amount of rent they can afford. The family also receives a Landlord
Package to take to the Owner to complete with them. The owner is responsible to screen the
family for references for suitability to lease their unit.
How Does The Process Work?
Once the family finds a landlord willing to participate, the following process begins:
Tenant Screening
When a tenant approaches a landlord about renting a unit, it is important to remember they have
only been screened by the Housing Authority for program eligibility criteria and have not been
screened for suitability. This should be the first step performed by the landlord. The Housing
Authority assists the landlord in screening by supplying the name, address and telephone
number of the last landlord to rent to the tenant, if known. This information can be found on
the back of the Request for Tenancy Approval supplied by the tenant. It is all right to charge a
screening fee to the prospective tenant as long as it is the same fee charged to other unassisted
tenants.
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The Request for Tenancy Approval
If the tenant passes the landlord’s screening criteria, the new landlord must complete four forms in
order to get the process started: the “Request for Tenancy Approval”, the “Section 8 Landlord
Certification”, a request for “Taxpayer Identification Number”, and “the Lead Based Paint” form
(See Exhibits). The landlord and the participant must complete and return these forms to the
Housing Authority for review. The Housing Authority will look first at the rent requested by the
landlord. It must be comparable to rents for other similar units in the area and the tenant’s portion
must not exceed 40% of their income. If these criteria are met, the information will be forwarded
to an inspector to schedule an inspection.
The Unit Rent Approval
At the time of initial lease-up on the Section 8 program, a unit must meet two rent tests:
1. The unit must be rent reasonable in comparison to other rents charged for comparable
unassisted units; and
2. The tenant’s portion cannot exceed 40% of their monthly income for Rent and Energy
Assistance Supplement (EAS) combined amount.
If the requested rent amount meets these two criteria, the unit is scheduled for an inspection. If
the requested rent does not meet one or both of these criteria, the landlord will be asked to
negotiate a lower rent. There is no obligation to alter the rent. However, if the landlord is unable
to lower the rent, the unit cannot be used on the program and the Section 8 participant will need
to look elsewhere. There can be no side agreements between the landlord and the tenant
requesting the tenant to pay the difference.
The Inspection Process
Housing Quality Standards (HQS) play an important role in the administration of the Section 8
Program. The HQS inspection is required before assistance can be appropriated. The basic
purpose of the inspection is to insure that the unit meets all the minimum inspection standards
set by HUD. If the unit fails the initial inspection, all failed items must be corrected prior to the
subsidy being paid on the unit.

Why does a unit fail?
Units sometimes fail housing inspections because landlords and tenants are not familiar with
HQS requirements and/or have not assessed the condition of the unit prior to the scheduled
inspection. For these reasons, the Housing Authority encourages landlords and tenants to
conduct pre-inspections prior to the scheduled inspection. By having the items corrected
before the inspection, the inspector has a better chance of passing the unit the first time. This
will save valuable time and insure an accurate initial and subsequent annual inspection.
Section 8 Landlord Handbook 4/12
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
Subsequent Inspections
The Housing Authority is also required to inspect the unit at least annually after it is initially
set up. The unit must pass this inspection prior to the annual review date of the contract in
order to continue to receive the Section 8 Assistance. In most cases, if the unit fails the
inspection, the Housing Authority will allow the landlord fourteen (14) to thirty (30) days to
make the repairs. However, if the fail item is considered to be life threatening, Federal law
requires the repair to be made within 24 hours. Additional time may be granted in cases
where extensive repairs are needed.

What happens if the repairs not complete?
While it is generally the landlord’s responsibility to maintain the condition of the assisted
unit in accordance with the regulations governing the Section 8 Programs, the landlord may
hold the tenant responsible for tenant caused damage. The landlord may require the tenant to
repair or pay for those items that are tenant caused. If the landlord chooses to have the tenant
repair the damages, the landlord must notify the tenant explaining which items they are to
repair, with a copy provided to the Housing Authority. If the tenant fails to repair the items
that are tenant caused within the time frame indicated, the tenant’s Housing Assistance may
be terminated.
Rent abatement, or the withholding of Housing Assistance Payments, applies when the
Housing Authority verifies that the repairs have not been completed to meet minimum HQS
requirements within the time period given. On those rare occasions when the landlord does
not complete the repairs, the Housing Authority’s portion of the Contract rent will be abated.
Once the repairs have been made, the Housing Assistance Payments will resume, prorated
from the date that the unit passes the third and final housing inspection. The Tenant cannot
be held responsible for the abated Housing Assistance Payment.
If the unit remains under abatement and repairs are not completed, the Housing Authority
will notify the tenant and the landlord that the Section 8 Housing Assistance Payments
Contract will be terminated and no further assistance will be paid on this unit. The tenant can
either stay in the unit and pay the full rent or move from the unit provided proper notice has
been given to the landlord.

The Most Common Deficiencies Resulting In A Failed Inspection
◊ Entry Doors: Must lock securely. Check the weather-stripping. If there are gaps that let
air in, weather-stripping must be applied. Check the doorjamb and strike plate for
defects.
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◊ Windows: Those designed to open must open and must have a permanent lock attached.
(Sticks and thumbscrews are not accepted as locking devices). The windowpanes must
not be broken or cracked.
◊ Electrical Hazards: HUD requires that a unit must be free of any possible electrical
hazards. All electrical outlets and switches must have cover plates that are not cracked
and they must be secured to the wall. Also, there can be no exposed wiring in the home
and all light fixtures must be properly mounted to the wall or ceiling and must be
working. Breaker boxes must have all open spaces filled with knock outs or blank
spacers and must not have any exposed wires.
◊ Oven/ Range: Clean the range and oven to ensure that it would not be a fire hazard.
Burners must lay flat and all elements must be working properly. Be sure all knobs and
dials are on the appliance. Please insure filter screen is installed in front of the fan.
◊ Refrigerator: Check the rubber gasket around the doors. If it’s loose or cracked, it
needs to be replaced. Also check the kick plate to be sure it is secured at the bottom of
the refrigerator.
◊ Heating and Plumbing: The heating system must be on, working properly, and provide
adequate heat. Be sure all heat sources are clear of furniture, bedding, clothing, and
other items. Oil, gas and propane furnaces must be professionally serviced at least every
two years. Verification of service must be provided and the furnace must be safe and
working properly. Check for any leaks in the plumbing fixtures (sinks, toilets, showers,
etc.) and repair if necessary.
◊ Hot Water Heaters: Must have a pressure relief valve and discharge line that extends to
within 6 inches of the floor. Discharge tubing must be of the appropriate type of material
– either galvanized steel or copper or CPVC piping (Do not use PVC). There should be
no exposed wires. In addition, flammable material should not be stored near the hot
water tank.
◊ Flooring: Carpets that are frayed or torn, or vinyl, tile or linoleum that would be a
tripping hazard must be repaired. Exposed carpet tacks or thresholds, which are loose,
must be repaired. Please check and repair floors that have dry rot. Dry rot is commonly
found in the bathroom, around the bathtub and toilet.
◊ Inoperable smoke detectors and Carbon monoxide detectors: A smoke detector and
a carbon monoxide detector must be on each floor of the dwelling unit and must have a
tester button. Units occupied by a hearing impaired persons, must be equipped with a
smoke alarm designed for the hearing impaired and mounted in the bedroom occupied
by the hearing impaired individual.
◊ Ventilation: Inoperable bathroom fans or no ventilation (i.e. window) would result in a
fail rating.
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◊ Decks, Railings, Steps: HUD requires that all stairways with 4 or more risers must have
a handrail. The handrail must run the length of the stairway and be securely supported in
order to provide adequate safety for the user. Decks, rails and steps, must also be free of
dry rot and tripping hazards. Railings are required for decks porches or steps that are
over 30 inches from the ground.
◊ Peeling Paint: HUD requires that in a home built prior to 1978, have no deteriorated or
peeling paint on the inside and outside of the unit if the unit is occupied by children
under the age of six.
Housing Assistance Payments will be effective the day the unit passes HQS or the day the
tenant receives the keys, whichever is later. The unit will then be inspected annually to ensure
that it remains in compliance with HQS.
The landlord and tenant should complete a move in checklist report on their own as required by
Washington State Landlord Tenant Law. A copy of this report should be given to the tenant and
retained in their file.
Section 8 Landlord Handbook 4/12
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Inspection Preparation Check List
Please use this checklist as a guide to ensure your unit passes inspection.
FRONT and BACK DOOR
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Check for cracked doorjamb and frames.
Check weather stripping around on all exterior doors for air leaks.
Check locks on all exterior doors to ensure that locks, dead bolts, knobs and locks work.
Panes in windowed doors should be in good condition with no cracks or breaks.
ENTRY WAY
 Check that floor coverings are secured to floor. Carpet must be tacked down with no fraying and
vinyl must be securely affixed.
HALLWAYS
 Closet doors must be on track and/or hung on hinges. Carpet must be tacked down with no fraying
and vinyl must be securely fixed.
 ONE smoke detector is required on each living area level. Smoke detectors must work when tester
button is pushed.
 ONE carbon monoxide detector is required on each living area level..
LIVING ROOM
 All electrical outlets must work and be wired properly with no broken or cracked covers.
 Check that floor coverings are secured to floor. Carpet must be tacked down with no fraying or
carpets hooks exposed and vinyl must be securely fixed to floor.
 All windows must open and have permanent working locks attached to windows. A stick or bar is a
secondary lock.
 All windows must be mildew/mold free.
 Fireplaces must have grates and screens. Check for chipped, broken or cracked tiles in front of
fireplace.
 All unit heat sources must work properly.
KITCHEN
 All furnished appliances must work properly. Check stove burners and oven, refrigerator and
dishwasher.
 Refrigerator door seal must not have cracks or rips.
 Flooring must be secured to floor.
 Garbage disposal must work and all wiring must be properly secured and installed.
 Plumbing and pipes must work with no leaks or mold under sink or on walls and backsplash.
 Range hood fan and light must work.
 Cabinet edges must be smooth with minimal chips or cracks and doors must be secured to wall or
floor.
BEDROOMS
 A minimum of one outlet and an overhead light or two outlets are required in each bedroom.
 All outlets must work and be wired correctly. 3 prong outlets must be grounded .
 All windows must open and have permanent working locks attached to windows. A stick or bar is a
secondary lock.
 Windows must be mildew/ mold free.
 Closet doors must be on track and/or hung on hinges. Carpet must be tacked down with no fraying
and vinyl must be securely fixed. Carpet hooks should not be exposed.
Section 8 Landlord Handbook 4/12
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 Doors need striker plate and should close properly.
 Check for cracked door jamb and frames.
 Walls should be free of large holes and in good repair.
BATHROOM
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Plumbing and pipes must work with no leaks or mold under sink or on walls and backsplash.
Towel bars need to be secured to wall.
Bath tub, toilet and sink need to work properly and be in good condition.
Toilet must be secured to the floor with no leaks.
Bath tub must be caulked around wall and sealed on floor at base and be mildew free.
Walls, floors and ceiling must have no leaks, moisture or water soft spots, mildew, cracking or
Chipping paint.
Bath fan must work properly, not drip or have a window that opens for ventilation.
Cabinet edges must be smooth with minimal chips or cracks and doors must be secured to wall or
floor.
All outlets must work and be wired correctly with no cracked or broken covers.
*A working ground fault interrupter (GFI) outlet is required. (*Applies to newer or remodeled units.)
A working light is required and the bulb must have a cover.
CIRCUIT BREAKER BOX and ELECTRICAL SYSTEM
 The box must have a door and be sealed in wall with no space between the wall and the box.
 If unit has ungrounded system, 2 pronged outlets or working ground fault interrupter (GFI) outlets
are required.
HOT WATER TANK
 The tank must have a temperature gauge and pressure relief valve and be set in a drip pan and
secured to the wall with a bracket.
 The discharge line pipe must be made of galvanized steel or hard copper or CVPC pipe. The pipe
must be within 6 inches of the floor.
EXTERIOR
 All down spouts and gutters should be secured to the building structure.
 The exterior area and yard should be clear of glass, boards with nails, trash, and other debris and
hazards.
 Appliances cannot be stored outside in the yard, on the porch or stairs.
 No cars with broken windows, flat tires or otherwise non-working vehicles can be parked or stored
on the property.
 All surfaces must be in good condition and free from cracked and chipped paint. All wood must be
free from holes and porches and supports must be structurally sound.
 Working lights are required above exterior doors.
 All cabanas, laundry rooms or other extra areas designated for the Tenant’s use must be lit, hazard
free and have smoke detectors.
 Four or more stairs anywhere on the property or inside the structure require a handrail.
MISCELLANEOUS
 Exterior doors are the only doors that can have locks where a key is necessary to unlock them. No
keyed entry locks are allowed. A privacy lock can be installed on bedroom and bathroom doors as
long as a key is not necessary to lock or unlock the door(s)
You may call with any questions regarding King County Housing Authority Housing Authority moving
or inspection processes.
Section 8 Landlord Handbook 4/12
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Procedure to Dispute a Housing Authority Decision
The Housing Authority will provide an owner in its Section 8 Program an opportunity for an
informal review to consider whether decisions relating to the individual circumstances of the
owner are in accordance with the law, HUD regulations and/or policies in the following cases:
• To review the HA’s determination that a unit is not in compliance with HQS;
• To dispute a rent reasonableness determination made by the HA; or
• To dispute a denial of participation on the Section 8 program.
Owners wishing to dispute one of the above reasons must request a review of the determination
in writing, making reference to the specific problem they wish reviewed. A time will be
scheduled with a Section 8 supervisor who was not a party to the original decision within ten
(10) days of the request. The review, depending on the owner’s request, can be performed
either:
• On the telephone; or
• In a meeting at the Section 8 office where all parties are present.
Utilizing either method, the owner shall have the right to submit any documentation they
believe should be considered in making a decision. After all items have been discussed, the
owner will receive a written response from the HA with ten (10) days of the review detailing
the final determination and the reasoning behind the decision.
If an owner is not satisfied with the decision, they may request, in writing, that the Associate
Director of Section 8 Program review the information. No formal meeting will be held. The
response of the Associate Director of Section 8 Program is final and will be issued within ten
(10) days of the date of the request.
What Are Payment Standards?
A “Payment Standard” is used to calculate the monthly housing assistance payment for
a family. King County Housing Authority establishes Payment Standard amounts for
each unit size.
 The Payment Standard is the maximum monthly subsidy payment.
HOUSING VOUCHER PAYMENT STANDARD
Effective December 16, 2009
Area
King County
East King County
0 BR 1 BR
$730 $830
$1010 $1100
2 BR 3 BR 4BR
5BR
$1030 $1440 $1990 $2220
$1330 $1760 $2320 $2530
6 BR
$2510
$2860
Includes Mercer Island, Bellevue, Redmond, Kirkland, Juanita, Woodinville, Issaquah, and Bothell
Section 8 Landlord Handbook 4/12
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Calculation of Subsidy and Family Share
3 Bedroom House
EAS
Family’s Income
3 BR Voucher
$1332 Contract Rent
$254 (varies based on unit)
$15,000 annually (WIN Rent)
$1440 (King County Area)
Minimum Rent & Utilities
$1250 (monthly income) x 28.3% = $354
Maximum Rent & Utilities
$1250 (monthly income) x 40% = $500
The family’s share may not exceed 40% of their monthly-adjusted income. (At
initial housing.)
Rent to Owner
Energy Assistance Supplement
Gross Rent
$1332
+ $254
$1586
Housing Authority uses the lesser of the Gross Rent or the Payment Standard to
determine maximum subsidy.
Gross Rent
40% of monthly-adjusted income
(Maximum subsidy)
$1586
- $500
$1086 (Landlord monthly HAP payment)
Rent to Owner
$1332
Landlord Monthly HAP payment -$1086
$246 (Tenant Rent)
The rent plus utilities cannot exceed 40% of their monthly adjust income.
Tenant Rent
Energy Assistance Supplement
Tenant Rent
Landlord Monthly HAP
Section 8 Landlord Handbook 4/12
$246
+$254
$500 (40% of monthly income)
$246
+ $1086
$1332 Total Contract Rent
Page 12
*Tenant is responsible for actual assigned utility usage per month during the lease
term and payment of all bills associated with those utilities as assigned on the lease.
What is the Energy Assistance Supplement (EAS)?
The EAS is the HA’s estimate of the average monthly utilities needed for an energy-conscious
household. If all utilities are included in the rent, there is no EAS. The EAS will vary by unit
size and if the tenant is responsible for sewer, water and trash.
Dwelling Leases and Contracts
Dwelling leases and Housing Assistance contracts need to be signed before payment on a unit
can begin (See Exhibits). Landlords who use a standard dwelling lease for their unassisted units
must continue to use their own lease, in conjunction with the HUD mandated lease addendum,
for all new Section 8 contracts, a copy of the lease must be submitted to the Housing Authority
prior to payment being made.
There may be a slight delay of one to two weeks for the first subsidy payment to reach the
landlord due to in-house accounting procedures. Subsequent payments will be made the first
working day of each month. To guarantee safe and quick receipt of the monthly payment, we
encourage Landlords to sign up for Direct Deposit. The landlord, in accordance with the lease,
should collect the tenant’s portion of rent as well as their deposit amount. Collecting amounts
that are not listed on the contract is a violation of the program.
Annual Rent Increases
Units on the Section 8 program are eligible for a rent increase after the initial 12-month term.
Landlords are notified by the Housing Authority at least 90-days prior to this date reminding
them to request the increase if desired. The advance notice is needed to provide enough time to
allow a 60-day notice to the tenant from the landlord as required by State and local law. A copy
of this notice should be submitted to the Housing Authority.
On the Section 8 program, there is no limit on the amount of rent increase; however, the rent
must continue to be reasonable to similar units in the area. It is important to remember, the
tenant pays the rent increase on the voucher program and affordability may become a factor if
their portion gets too high for them to pay. The 40% limitation described above does not apply
to annual rent increase.
What are the Responsibilities of the Landlord?
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The landlord has an obligation to both the Housing Authority through the Housing Assistance
Payments (HAP) Contract and to the tenant through the dwelling lease. The HAP contract
states a landlord agrees to the following:
1. The landlord will maintain the unit and premises in accordance with the Housing
Quality Standards.
2. The landlord will assure that the unit is leased only to those family members listed
on the lease.
3. The landlord will assure that the total rent for the Section 8 unit does not exceed
rents charged for other unassisted units in the premises.
4. The landlord has not and will not receive any other form of payment for the unit
while under contract.
5. The landlord will assure that the family does not own or have any interest in the unit.
6. The landlord is not related in any way to the family (except in the case of a disabled
resident) nor does the landlord currently reside in the unit.
7. The landlord will not commit fraud, bribery, drug-trafficking, or any other corrupt or
criminal action.
8. The landlord will enforce the tenant obligations listed on the lease, especially those
involving illegal drug use and violent criminal activity.
9. The landlord will decide what utilities the tenant will be responsible for and what
utilities will be included in the rent.
The obligation to the tenant is outlined in the lease or lease addendum whereby the landlord
agrees to maintain the unit in accordance to the Housing Quality Standards and to enforce the
tenant obligations listed on the lease.
What are the Responsibility of the Tenant?
In order to participate on the Section 8 program, a tenant has responsibilities to both the
landlord and the Housing Authority. The tenant responsibilities to the landlord are listed on the
lease or lease addendum and include, but are not limited to, such items as:
1. Payment of rent and any utilities listed as their responsibility.
2. To use the unit as their principal place of residence.
3. Not to sublease the unit or allow unauthorized people to reside in the unit.
The tenant responsibilities to the Housing Authority are listed on the Voucher and include, but
are not limited to the following:
A. The family MUST:
• Supply any information that the Housing Authority or HUD determines to be
necessary including evidence of citizenship or eligible immigration status,
and information for use in a regularly scheduled reexamination or interim
reexamination of family income and composition.
• Promptly notify the Housing Authority in writing when the family is away
from the unit for an extended period of time in accordance with Housing
Authority policies.
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• Notify both the Housing Authority and the landlord in writing before moving
out of the unit or terminating the lease.
• Allow the Housing Authority to inspect the unit at reasonable times and after
reasonable notice.
• Request Housing Authority written approval to add any family member as
an occupant of the unit.
• Give the Housing Authority a copy of any landlord issued eviction notice.
• Supply true and complete information.
B. The Family (including each family member) must NOT:
• Own or have any interest in the unit (other than in a cooperative, or landlord
of a manufactured home leasing a manufactured home space).
• Commit any serious or repeated violation of the lease.
• Commit fraud, bribery or any other corrupt or criminal act in connection with
the program.
• Participate in illegal drug or criminal activity.
• Sublease or sub-let the unit or assign the lease or transfer the unit.
• Damage the unit or premises (other than damages from ordinary wear and
tear) or permit any guest(s) to damage the unit or premises.
Termination of Assistance by the Housing Authority
Although the Housing Authority will work with tenants and landlords in an attempt to
overcome any problems which may occur while on the Section 8 program, there may come a
time where the only option left is to terminate the housing assistance payments which are being
made on the tenants behalf. Listed below is a non-inclusive list of reasons for termination:
•
•
•
•
•
If the family has engaged in or threatened abusive or violent behavior toward Housing
Authority personnel;
If the family has not reimbursed any Housing Authority for amounts paid to a landlord
under a HAP contract for rent, damages to the unit, or other amounts owed by the
family under the lease;
If the family breaches an agreement with the Housing Authority to pay amounts owed
to a Housing Authority, or amounts paid to a landlord by a Housing Authority. At its
sole discretion, the Housing Authority may elect to offer an agreement to pay amounts
owned to a HA or amounts paid to a landlord by a Housing Authority. The terms of
any such agreement shall be prescribed solely by the Housing Authority;
If the family violates their family obligations listed on the Voucher;
If any member of the family fails to sign and submit consent forms for obtaining
necessary information.
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If the Housing Authority initiates an action to terminate the assistance, written notice of this
decision will be sent to the landlord. However, the tenant has the right to request an Informal
Hearing to contest the decision. If an Informal Hearing is held, the Landlord would be notified
if the decision to terminate was reversed.
Termination of Assistance by Tenant
In accordance with the lease or lease addendum, a tenant wishing to remain on the Section 8
program is obligated to remain in the unit for at least 12 months before being given the option
to move. However, a tenant may choose to terminate their assistance with Section 8 program at
any time. If they do, a landlord needs to understand that the Section 8 lease will also terminate
ending any obligation for the family to remain in the unit. In these cases, the Housing Authority
does advise tenants who wish to move to give proper notice to a landlord in accordance with
State and local law. If the tenant wishes to remain in the unit, a landlord will need to have the
tenant sign a new lease.
Termination of Assistance by the Landlord
During the term of the lease, a landlord has the right to terminate the tenancy of a tenant who is
in violation of the dwelling lease, however, any eviction notice must be issued in accordance
with the lease and State and local law. During the first year, the landlord must have cause to
terminate the lease. Following the first year, if a new lease is not signed, cause is not necessary.
Copies of any eviction notices must be given to the HA at the same time the landlord notifies
the tenant.
For Section 8 Voucher program questions, you may contact King County
Housing Authority Section 8 office at 206-214-1300. Information is also
available at www.KCHA.org.
Thank you for participating in the Section 8 Housing
Voucher Program.
Section 8 Landlord Handbook 4/12
Page 16
Exhibits
Section Calculation Worksheet
1 Page
Request For Tenancy Approval
1 Page
2 Pages
Section 8 Landlord Certification
1 Page
Lead Based Paint Regulations
3 Pages
Tenancy Addendum
4 Pages
Housing Assistance Payment Contract
12 Pages
Section 8 Suspected Fraud Complaint Form
3 Pages
Estimated Rental Information
Section 8 Landlord Handbook 4/12
Page 17
KING COUNTY HOUSING AUTHORITY
WIN RENT INCOME/RENT CALCULATION WORKSHEET
NAME:
CHECK IF NONCITIZEN
TOTAL NO. IN
FAMILY:
TOTAL NO.
ELIGIBLE:
Anyone
VOUCHER NO:
c
d
e
f
g
EFFECTIVE DATE:
RENT CALC TYPE: Initial/Mover
RECERT DATE:
PART A: INCOME
MBR#
1
01
2
GROSS RENT
SOURCE
RATE (H, M, W, or Y)
EMPLOYMENT
$12.00
TOTAL
$24,960
$0
$0
$0
$0
$24,960
per Hour
per Hour
per Hour
per Hour
per Hour
1. TOTAL INCOME:
$1,050
9. ENERGY ASSISTANCE SUPPLEMENT (FOR
UTILITIES NOT INCLUDED IN RENT)
10. GROSS RENT ( #8 + #9 )
$206
$1,256
HOUSING VOUCHER SUBSIDY (ESTIMATED)
11. APPLICABLE PAYMENT STANDARD
$1,030
$1,030
$531
$499
12. ENTER LESSOR OF #10 OR #11
13. TOTAL TENANT PAYMENT INCOME BAND
14. ESTIMATED HOUSING VOUCHER SUB
PART B: ASSETS (ANNUAL)
(%)
MBR # TYPE AMOUNT RATE
TOTALS:
8. RENT TO OWNER (RENT PLUS UTILITIES)
( C ) YRLY
INCOME
$0
$0
$0
$0
2. ASSET INCOME: (greater of "C" or "I")
PART C: TOTAL ANNUAL INCOME
ANNUAL
INCOME
ASSETS
3.
=
+
INCOME
(#1)
(#2)
(I) IMPTD
INCOME
%
=
TOTAL TENANT PAYMENT (TTP)
$0
$0
$0
$0
$0
15. GROSS RENT (#10) $1,256
(MINUS)
HOUSING VOUCHER SUBSIDY (#14) $499
$24,960
HAP AND UTILITY REIMBURSEMENT
HOUSING VOUCHER SUBSIDY = LESSER OF
16. GROSS RENT (#10) $1,256
(MINUS)
$757
$499
TTP (#15)
=
ESTIMATED HOUSING VOUCHER SUBSIDY
(#14) $499
17. HAP TO OWNER = LESSER OF:
PART D: DEDUCTIONS
HOUSING VOUCHER SUBSIDY (#16) = $499
OR RENT TO OWNER (#8) = $1,050
CHILD CARE EXPENSES: n
j $0
k
l
m
j $2,500 - $4,999 = $2,500
k
l
m
n
j $5,000 - $7,499 = $5,000
k
l
m
n
j $7,500 - $10,000 = $7,500
k
l
m
n
j Over $10,000 = $10,000
k
l
m
n
QUALIFIED FOR CREDIT RENT
APPROVED HARDSHIP POLICY DEDUCTION
TENANT RENT
$0
ENERGY ASSISTANCE SUPPLEMENT
PART E: ANNUAL ADJUSTED INCOME
5. ADJUSTED INCOME (#3 - #4)
6. MONTHLY ADJUSTED INCOME (#5 / 12)
MAXIMUM TOTAL TENANT PAYMENT
7. 40% MONTHLY ANNUAL INCOME (#3/12 X.40)
$499
$499
n Yes n
j
k
l
m
j No
k
l
m
18. EAS REIMBURSEMENT TO FAMILY =
HOUSING VOUCHER SUBSIDY (#16) ( MINUS )
HAP (#17)
TOTAL CHILD CARE DEDUCTIONS
4. TOTAL DEDUCTION:
$757
=
TOTAL TENANT PAYMENT (If Initial Lease and
#10>#11, then TTP cannot be more than #7)
HOUSING ASSISTANCE PAYMENT
$24,960
$2,080
$832
CONTRACT RENT
$551
$206
$757
$499
$1,050
EAS REIMBURSEMENT
GROSS RENT
HOUSING AUTHORITY
REPRESENTATIVE
DATE
MANAGER CERTIFICATION
DATE
c Add rent cap language to notes
d
e
f
g
PH Client #:
-
-
$1,256
___________________________________________________
COMPUTER DATE ENTERED
-
Date of last "passed" HQS Inspection:
Notes:
KCHA 808WIN 2/2013
KING COUNTY HOUSING AUTHORITY
700 Andover Park West, Tukwila, WA 98188
Office:(206) 214-1300 FAX (206)243-5927
ESTIMATED RENTAL INFORMATION
FOR THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM
Family Name:
Anyone
Date: 2/1/2013
Assigned Bedroom Size: 2
Housing Choice Voucher assistance is based on your income and your family size.
Based on your current income, the chart below provides you with the estimated rent amounts a landlord may charge under the Section 8 program.
If you find a unit renting at or under the estimated rent amount shaded in grey below, your portion will be 28.3% or less of your adjusted income.
If you find a unit that rents for higher than the amounts listed in the shaded area, you will pay more than 28.3% of your adjusted monthly income.
The estimated maximum rent line provides you with rent amounts at 40% of your gross monthly income. You may not exceed this amount.
The exact amount of the subsidy will be calculated after complete verification of all family composition and income, and after the unit has been
approved for the Section 8 program. No additional side payments may be made to the landlord.
Based on my current Income, what is the amount of rent a landlord can charge?
Multi Family Unit
(multiplex, duplex, apartment)
If the
Landlord:
Single House
does NOT pay for
water, sewer or
trash
pays for water,
sewer and trash
does NOT pay for
water, sewer or trash
pays for water,
sewer and trash
$876
$957
$819
$900
$1,177
$1,258
$1,120
$1,201
$1,176
$1,257
$1,119
$1,200
$1,477
$1,558
$1,420
$1,501
For units In King County
Estimated Rent Amount (based on 28.3%
or less of adjusted income)
Estimated Maximum Rent Amount (based 40% of gross income)
For units on the Eastside of King County*
Estimated Rent Amount (based on 28.3%
or less of adjusted income)
Estimated Maximum Rent Amount (based 40% of gross income)
*Within the city limits of Mercer Island, Bellevue, Redmond, Kirkland, Juanita, Woodinville, Issaquah and Bothell
What will my estimated portion of the rent be?
Eastside
Your estimated portion of rent (based on 28.3% or less of your adjusted monthly income):
$531
531
Your estimated portion of rent (based on 40% of your gross monthly income):
$832
832
In addition, the rent for the unit must be comparable to similar units in the area in order to be approved for the Section 8 program. The Housing
Authority will determine this after you have identified the unit and the unit has been inspected.
SIGNATURE
DATE
Housing Estimate Form
KCHA 845WIN 02/01/13
5
KING COUNTY HOUSING AUTHORITY
PLEASE READ ENTIRE DOCUMENT CAREFULLY
REQUEST FOR TENANCY APPROVAL
RETURN COMPLETED APPLICATION TO:
SECTION 8 OFFICE
700 ANDOVER PARK W, SUITE A * TUKWILA, WASHINGTON 98188-3326
PHONE (206) 214-1300 FAX (206) 243-5927
THIS SPACE FOR PHA USE ONLY:
Vendor #:
Utility Amount:
# Under 6:
Lease Up Date:
Inspector:
Voucher Size:
Census Tract:
Client #:
Family Size:
Tenant Rent:
$
PART I. NEW UNIT INFORMATION - PLEASE PRINT CLEARLY
A. Name of Family:
Phone#: (
)
c Single Family House g
d
e
f
c Duplex / Triplex g
d
e
f
c Manufactured Home g
d
e
f
c Apartment (4 or more units)
d
e
f
B. Type of Unit Requested: g
C. Unit Description:
Address of Proposed
Rental Unit:
Apt#:
City:
Zip:
No. of Bedrooms:
No of Bathrooms:
Rent Amt. $:
Date Ready for Inspection:
Year Built:
Do you offer a move-in bonus? (e.g. First month free, lower security deposit, etc.) Explain:
____________________________________________________________________________________
Tenant Signature:
Date:
PART II. PROPERTY INFORMATION - PLEASE PRINT CLEARLY
Property Name:
Phone #:
(
)
Name of Owner/Agent to call for Inspection:
Daytime Phone Number: (
E-mail address:
Fax Number: (
)
)
PART III. SECURITY DEPOSIT
The Section 8 program allows a Landlord to collect a deposit that does not exceed those charged to tenants in the private market.
Collection and use of the deposit must be in accordance with State and local law. The program also prohibits collection of last months rent.
Amount of Deposit charged to
Amount of Deposit charged to
Landlord
_________
$
$
the Section 8 tenant:
unassisted tenants (if different):
Initials:
PART IV. UTILITIES AND APPLIANCES
Please check which utility company bills your property PUGET SOUND ENERGY g
c OR SEATTLE CITY LIGHT g
d
e
f
c
d
e
f
Please use the chart below to list what types of utilities are present in the unit and who will be responsible for payment of each type of
utility: Fuel Heating Furnaces must be certified by a heating professional at least once every two years and an invoice provided.
UTILITY
CHECK UTILITY
TYPE IN UNIT
UTILITY
TENANT
RESPONSIBILITY
LANDLORD
RESPONSIBILITY
CHECK IF
PRORATE
Electric
c
d
e
f
g
WATER:
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
Gas
c
d
e
f
g
SEWER:
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
Oil
c
d
e
f
g
GARBAGE:
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
Bottled Gas
c
d
e
f
g
Electric
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
Gas
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
Oil
c
d
e
f
g
Electric
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
Gas
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
HEATING:
WATER
HEATING:
WHO IS RESPONSIBLE
Tenant
Landlord
COOKING:
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
c
d
e
f
g
SUPPLY
REFRIG:
SUPPLY
RANGE:
PART V. THE DWELLING LEASE
I understand I must use my own lease form in conjunction with the HUD approved lease addendum for all Section 8 tenants. I will submit
a signed copy as soon as the unit has been approved for occupancy by the Section 8 office.
PAGE 1 OF 2
3
Tenant Name:
KCHA 897 Revised 11/27/12
4
6
SECTION 8 LANDLORD CERTIFICATION
(Tenant Name)
(Assisted Unit Address)
(City, State, Zip)
Ownership of Assisted Unit
I certify that I am the legal owner or the legally designated agent for the above reference unit, and that the prospective tenant has no
ownership interest in this dwelling unit whatsoever.
Dwelling Lease and Housing Assistance Payments (HAP) Contract
I understand that I must use my standard dwelling lease, the same lease that's used by my non-section tenants plus the HUD
required lease addendum. I also understand that the lease effective date, the lease end date, and the contract rent must match what's
listed on the HAP contract and if different, will be superseded by those on the HAP contract. I understand I must submit a signed
copy of the lease and HAP contract to the Housing Authority before payment can be made.
Approved Residents of Assisted Units
I understand that only those residents approved on the lease and HAP contract may reside in the unit and that I am not permitted to
live in the unit while I am receiving housing assistance payments. (Does not apply to owners participating on the Shared Housing
Program, provided they are not related to the tenant by blood or marriage). In addition, I understand that King County Housing
Authority does not check references, they only verify program eligibility and I am responsible for reference checks for rental,
financial, and criminal history.
Reporting Vacancies to the Housing Authority
I understand that should the assisted unit become vacant or if the tenant notifies me they will be absent from the unit for any period
of time, it is my responsibility to notify the Housing Authority immediately in writing and, if appropriate, to return any portion of
rent due the Housing Authority promptly. The Housing Authority cannot pay on a unit after the tenant has vacated.
Administrative and Criminal Action for Intentional Violations
I understand that failure to comply with the terms and responsibilities of the Housing Assistance Payments Contract are grounds for
termination of participation in the Section 8 Program. I understand that knowingly supplying false, incomplete or inaccurate
information or collecting "side payments" from the tenant is punishable under Federal or State criminal law.
Computer Matching Consent
I understand the Housing Assistance Payment Contract permits the Housing Authority or HUD to verify my compliance with the
Contract. I consent for the Housing Authority or HUD to conduct computer matches to verify my compliance, as they deem
necessary. The Housing Authority and HUD may release and exchange information regarding my participation in the Section 8
program with other Federal and State agencies.
Fair Housing Requirements
I understand that, as a recipient of federal funds, I have an obligation to comply with all pertinent laws, and regulations, which
provide for non-discrimination as well as unit accessibility for all housing participants, including people with disabilities. I
understand that additional information on this subject can be found by printing HUD Notice 2002 -01 located on KCHA's website at
www.kcha.org or by requesting a printed copy from the Section 8 Housing office.
(Signature of Landlord)
(Date)
WARNING: Title 18 U.S. Code Section 1001 states that a person is guilty of a felony for knowingly and willingly making false or fraudulent
statements to any Department of Agency of the United States. State law may also provide penalties for false or fraudulent statements.
KCHA 841 12/19/11
PART VI. RENT FOR COMPARABLE UNITS
The program regulation requires the PHA to certify that the rent charged to the housing choice voucher tenant is not more than the rent
charged for other unassisted comparable units. Owners of projects with more than 4 units must complete the following section for most
recently leased comparable unassisted units within the promises.
1. Address & unit#:
Date Rented:
Rent Amount $
2. Address & unit#:
Date Rented:
Rent Amount $
3. Address & unit#:
Date Rented:
Rent Amount $
PART VII. THE INSPECTION
Inspection of the property usually can be completed within two to ten days following receipt of this Request for Lease Approval. The
Housing Inspector will call to set a time for the inspection. Once the unit passes inspection, it will take approximately fourteen (14) to
twenty-one (21) days for the Landlord to receive their first Housing Assistance payment from the Housing Authority. Thereafter,
the payment will be mailed on the first working day of each month.
Items Most Likely To Fail:
Before the Housing Authority can begin the housing subsidy, the unit must pass a Housing Quality inspection. In an effort to make the
inspection process more efficient, we have listed several items which are most often the cause for the unit to fail. Please examine the list
below and check that each item meets the specifications before the inspection:
* Utilities must be on and working prior to the inspection.
Smoke and Carbon Monoxide Alarms must be located on each floor close to the sleeping areas. Units occupied by hearing* impaired persons must be equipped with an alarm designed for the hearing-impaired.
* Hot Water Heaters must be equipped with a Pressure Relief Valve and a drain line extending to within six (6) inches from the floor.
Windows designed to be opened must be able to open and must have permanently attached locking devices (sticks are not considered
*
proper locking devices). Windows must not be broken or cracked.
Electrical Hazards include, but is not limited to, any exposed wiring, cracked or broken outlets and outlet / switch plate covers, or
*
light fixtures not properly mounted to the wall or ceiling. Circuit breakers must be clearly labeled with all punched out spaces filled.
Stairways with four (4) or more steps must be equipped with a handrail. The handrail must be securely supported in order to provide
* adequate safety for the user.
* Bathrooms must have either an openable window or a fan for ventilation.
* Carpet or Vinyl must be properly adhered to the floor with no loose ends, large tears or holes which could cause a tripping hazard.
* Paint should not be chipping or pealing on either the interior or exterior of the unit.
PART VIII. TENANT SCREENING
PROGRAM RULES prohibit the Housing Authority from screening the tenant for suitability. Such screening is the Landlord's
responsibility and the Housing Authority strongly suggests that the Landlord consider a family's background prior to determining
suitability. To assist you in your screening process, the Housing Authority (at your request) can provide a sample screening form and is
also required to provide the following information (if known):
A. Does the Tenant currently owe the Housing Authority any money?
YES g
c NO g
d
e
f
c
d
e
f
B. Screening Information:
Tenant's Current Information
Tenant's Current Landlord
Tenant's Previous Landlord
PART IX. LANDLORD INFORMATION
c Please check here if this is the first time you have participated on the Section 8 program.
d
e
f
g
Federal regulations now prohibit rental of Section 8 units by relatives. By signing below I, the owner, certify that I am not the parent, child,
grandparent, grandchild, sister, or brother of any member of the Section 8 participant family and that all the above information is correct.
Mailing Address:
Print or type name of legal owner
Name of Complex
Signature of legal owner
Print Name of Person
Print or name of legal owner
Address
Signature of Authorized Agent
City, State, and Zip Code
Owner Tax ID Number or SS Number:
Telephone Number:
PAGE 2 OF 2
KCHA 897 Revised 11/27/12
SECTION 8 LANDLORD CERTIFICATION
(Tenant Name)
(Assisted Unit Address)
(City, State, Zip)
Ownership of Assisted Unit
I certify that I am the legal owner or the legally designated agent for the above reference unit, and that the prospective tenant has no
ownership interest in this dwelling unit whatsoever.
Dwelling Lease and Housing Assistance Payments (HAP) Contract
I understand that I must use my standard dwelling lease, the same lease that's used by my non-section tenants plus the HUD
required lease addendum. I also understand that the lease effective date, the lease end date, and the contract rent must match what's
listed on the HAP contract and if different, will be superseded by those on the HAP contract. I understand I must submit a signed
copy of the lease and HAP contract to the Housing Authority before payment can be made.
Approved Residents of Assisted Units
I understand that only those residents approved on the lease and HAP contract may reside in the unit and that I am not permitted to
live in the unit while I am receiving housing assistance payments. (Does not apply to owners participating on the Shared Housing
Program, provided they are not related to the tenant by blood or marriage). In addition, I understand that King County Housing
Authority does not check references, they only verify program eligibility and I am responsible for reference checks for rental,
financial, and criminal history.
Reporting Vacancies to the Housing Authority
I understand that should the assisted unit become vacant or if the tenant notifies me they will be absent from the unit for any period
of time, it is my responsibility to notify the Housing Authority immediately in writing and, if appropriate, to return any portion of
rent due the Housing Authority promptly. The Housing Authority cannot pay on a unit after the tenant has vacated.
Administrative and Criminal Action for Intentional Violations
I understand that failure to comply with the terms and responsibilities of the Housing Assistance Payments Contract are grounds for
termination of participation in the Section 8 Program. I understand that knowingly supplying false, incomplete or inaccurate
information or collecting "side payments" from the tenant is punishable under Federal or State criminal law.
Computer Matching Consent
I understand the Housing Assistance Payment Contract permits the Housing Authority or HUD to verify my compliance with the
Contract. I consent for the Housing Authority or HUD to conduct computer matches to verify my compliance, as they deem
necessary. The Housing Authority and HUD may release and exchange information regarding my participation in the Section 8
program with other Federal and State agencies.
Fair Housing Requirements
I understand that, as a recipient of federal funds, I have an obligation to comply with all pertinent laws, and regulations, which
provide for non-discrimination as well as unit accessibility for all housing participants, including people with disabilities. I
understand that additional information on this subject can be found by printing HUD Notice 2002 -01 located on KCHA's website at
www.kcha.org or by requesting a printed copy from the Section 8 Housing office.
(Signature of Landlord)
(Date)
WARNING: Title 18 U.S. Code Section 1001 states that a person is guilty of a felony for knowingly and willingly making false or fraudulent
statements to any Department of Agency of the United States. State law may also provide penalties for false or fraudulent statements.
KCHA 841 12/19/11
KING COUNTY HOUSING AUTHORITY
PROJECT BASED ASSISTANCE
700 ANDOVER PARK W, SUITE A * TUKWILA, WASHINGTON 98188-3326
PHONE (206) 214-1300 FAX (206) 243-5927
Dear Owner/Landlord/Agent:
The purpose of the disclosure rule is to ensure that individuals and families receive information necessary
to protect themselves and their families from lead-based paint and/or lead-based paint hazards. To
comply with the Lead Disclosure Rule, the Housing Authority and rental housing owners have specific
requirements before the tenants become obligated under a lease or when the rent or lease conditions
change and the owner has new information about lead-based paint and its hazards. The Owner or agent
must:

Provide the EPA Pamphlet "Protect your family from lead in the Home" and the tenant must
acknowledge receipt of the pamphlet. The Pamphlet is available at
http://www.hud.gov/offices/lead/healthyhomes/lead.cfm

Disclose any known information concerning lead-based paint and/or lead-based paint hazards
including information regarding location of lead-based paint and/or lead-paint hazards or indicate
no knowledge of lead-based paint and/or lead-based paint hazards.

Provide any records and reports on lead-based paint and/or lead-based paint hazards that are
available or indicate no such records or reports are available. For multi-unit buildings this also
includes records or reports concerning common areas or building-wide evaluations.

Include an attachment to the contract or lease or ensure the lease includes a lead warning statement
and confirms that the landlord has complied with all notification requirements and
acknowledgement from the tenant that they have received the required information.
PLEASE NOTE, THIS REQUIREMENT ONLY APPLIES TO HOUSING BUILT PRIOR TO
1978.
To make the process as simple as possible, we have attached a copy of a disclosure form which explains
what is needed to meet the requirements and at the same time, allows you to certify compliance to the
Housing Authority.

If your unit was built in or after 1978, please check the box in the second paragraph, sign at the
bottom and return the form to the Section 8 office.

If your unit was built prior to 1978, please complete lines 'A' and 'B' and then contact the tenant to
complete lines 'C' and 'D'. If you have an agent representing you they must initial "E" and also sign
the disclosure form. Once complete, please make sure each party signs the bottom of the form and
return it to the Section 8 office.

Please retain a copy of the completed disclosure records for no less than three years from the
commencement of the date of the lease.
If you have any questions regarding this process, please contact the Section 8 office at 206-214-1300.
KCHA 858 2/1/11 SIDE 1
DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT
AND/OR LEAD-BASED PAINT HAZARDS
Lead Based Paint Warning Statement:
Housing built before 1978 may contain lead-based paint. Lead from paint, paint chips, and dust can
pose health hazards if not managed properly. Lead exposure is especially harmful to young children
and pregnant women. Before renting pre-1978 housing, owners/landlords must disclose the presence
of known lead-based paint and/or lead-based paint hazards in the dwelling. Section 8 participants
must also receive a federally approved pamphlet on lead poisoning prevention.
Property Address:
If the unit was built in 1978 or later, check here g
c and skip sections A through E and return the
d
e
f
signed form to the Section 8 office.
Owner/Landlord/Lessor's Disclosure
(A and B must be completed)
A)
Presence of lead-based paint and/or lead-based paint hazards (check (1) or (2) below):
1)
c Known lead-based paint and/or lead-based paint hazards are present in the housing
d
e
f
g
(explain).
2)
c Owner has no knowledge of lead-based paint and/or lead-based paint hazards in the
d
e
f
g
housing.
B)
Records and reports available to the lessor (check (1) or (2) below):
1)
c Owner has provided the lessee with all available records and reports pertaining to
d
e
f
g
lead-based paint and/or lead-based paint hazards in the housing (lists documents below).
2)
Owner has no reports or records pertaining to lead-based paint and or lead-based
paint hazards in the housing
c
d
e
f
g
Section 8 Participant's Acknowledgment - Lessee's (Must be completed - please initial)
C)
_____ Participant acknowledges information noted and has received copies of all information
listed above.
D)
_____ Participant has received the pamphlet Protect Your Family from Lead in Your Home.
Agent's Acknowledgment (Please initial)
E)
_____ Agent has informed the lessor of the lessor's obligations under 42 U.S.C. 4852 (d) and is
aware of his/her responsibilities to ensure compliance.
Certificate of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information
they have provided is true and accurate.
Owner/Landlord/Lessor
Date
Owner/Landlord/Lessor
Date
Section 8 Participant
Date
Section 8 Participant
Date
Agent
Date
Agent
Date
PHA has reviewed for accuracy and completeness:
Date:
Name:
KCHA 858 2/1/11 SIDE 2
KING COUNTY
HOUSING AUTHORITY
INSPECTION DISCLOSURE STATEMENT
Each unit to be subsidized under the Authority's Section 8 program must pass a
Housing Quality Standards (HQS) inspection performed by a Housing Authority
inspector or its designated representative, initially and at least annually, before the
unit's subsidy may begin or continue.
The purpose of this inspection is to determine the livability of each unit according to
the inspection standards set by HUD. The inspectors are passing judgment only on
housing conditions that are visible. Hazards which are within the walls, or which
require testing to detect are beyond the scope of an HQS inspection. By participating
in this inspection, the inspector expresses an opinion only regarding the quality and
condition of the items reported upon, and nothing contained herein shall be considered
as a representation by the Housing Authority of any fact or as a warranty as to quality
or condition of items which are not visible.
The undersigned hereby release and discharge the Housing Authority, its agents and
servants, from any and all liability or claims which may arise due to a condition on or
about the subject premises which either existed prior to or simultaneously with, or
which was created subsequently to the date of the signing of the Housing Contract and
dwelling lease.
Tenant Signature
Date
Owner or Agent Signature
Date
Housing Representative
Date
KCHA 881 3/09
TENANCY ADDENDUM
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program (To
be attached to Tenant Lease)
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
OMB Approval No. 2577-0169
Exp. 04/30/2014
1. Section 8 Voucher Program
a.
b.
The owner is leasing the contract unit to the tenant
for occupancy by the tenant’s family with assistance
for a tenancy under the Section 8 housing choice
voucher program (voucher program) of the United
States Department of Housing and Urban
Development (HUD).
The owner has entered into a Housing Assistance
Payments Contract (HAP contract) with the PHA
under the voucher program. Under the HAP
contract, the PHA will make housing assistance
payments to the owner to assist the tenant in leasing
the unit from the owner.
b.
The owner has given the PHA a copy of the lease,
including any revisions agreed by the owner and the
tenant. The owner certifies that the terms of the
lease are in accordance with all provisions of the
HAP contract and that the lease includes the tenancy
addendum.
The tenant shall have the right to enforce the
tenancy addendum against the owner. If there is any
conflict between the tenancy addendum and any
other provisions of the lease, the language of the
tenancy addendum shall control.
a.
b.
c.
d.
3. Use of Contract Unit
a.
b.
c.
d.
e.
During the lease term, the family will reside in the
contract unit with assistance under the voucher
program.
The composition of the household must be approved
by the PHA. The family must promptly inform the
PHA of the birth, adoption or court-awarded custody
of a child. Other persons may not be added to the
household without prior written approval of the
owner and the PHA.
The contract unit may only be used for residence by
the PHA-approved household members. The unit
must be the family’s only residence. Members of the
household may engage in legal profit making
activities incidental to primary use of the unit for
residence by members of the family.
The tenant may not sublease or let the unit.
The tenant may not assign the lease or transfer the
unit.
4. Rent to Owner
a.
b.
c.
The initial rent to owner may not exceed the
amount approved by the PHA in accordance with
HUD requirements.
Changes in the rent to owner shall be determined by
the provisions of the lease. However, the owner may
not raise the rent during the initial term of the lease.
During the term of the lease (including the initial
term of the lease and any extension term), the rent to
owner may at no time exceed:
The reasonable rent for the unit as most
recently determined or redetermined by the
PHA in accordance with HUD requirements,
or
(2)
Rent charged by the owner for comparable
unassisted units in the premises.
5. Family Payment to Owner
2. Lease
a.
(1)
e.
f.
The family is responsible for paying the owner any
portion of the rent to owner that is not covered by
the PHA housing assistance payment.
Each month, the PHA will make a housing
assistance payment to the owner on behalf of the
family in accordance with the HAP contract. The
amount of the monthly housing assistance payment
will be determined by the PHA in accordance with
HUD requirements for a tenancy under the Section 8
voucher program.
The monthly housing assistance payment shall be
credited against the monthly rent to owner for the
contract unit.
The tenant is not responsible for paying the portion
of rent to owner covered by the PHA housing
assistance payment under the HAP contract between
the owner and the PHA. A PHA failure to pay the
housing assistance payment to the owner is not a
violation of the lease. The owner may not terminate
the tenancy for nonpayment of the PHA housing
assistance payment.
The owner may not charge or accept, from the
family or from any other source, any payment for
rent of the unit in addition to the rent to owner. Rent
to owner includes all housing services, maintenance,
utilities and appliances to be provided and paid by
the owner in accordance with the lease.
The owner must immediately return any excess rent
payment to the tenant.
6. Other Fees and Charges
a.
b.
c.
Rent to owner does not include cost of any meals or
supportive services or furniture which may be
provided by the owner.
The owner may not require the tenant or family
members to pay charges for any meals or supportive
services or furniture which may be provided by the
owner. Nonpayment of any such charges is not
grounds for termination of tenancy.
The owner may not charge the tenant extra amounts
for items customarily included in rent to owner in
the locality, or provided at no additional cost to
unsubsidized tenants in the premises.
7. Maintenance, Utilities, and Other Services
a.
Maintenance
(1) The owner must maintain the unit and
premises in accordance with the HQS.
(2)
Previous editions are obsolete
Maintenance and replacement (including
form HUD-52641-A (8/2009)
ref Handbook 7420.8
redecoration) must be in accordance with the standard practice for the building concerned as
established by the owner.
b.
is a felony under the laws of the place
from which the individual flees, or that,
in the case of the State of New Jersey, is
a high misdemeanor; or
(b) Violating a condition of probation or
parole under Federal or State law.
Utilities and appliances
(1)
The owner must provide all utilities needed to
comply with the HQS.
(2)
The owner is not responsible for a breach of
the HQS caused by the tenant’s failure to:
(a)
Pay for any utilities that are to be paid by
the tenant.
The owner may terminate the tenancy for
criminal activity by a household member in
accordance with this section if the owner
determines that the household member has
committed the criminal activity, regardless of
whether the household member has been
arrested or convicted for such activity.
(4)
The owner may terminate the tenancy during
the term of the lease if any member of the
household has engaged in abuse of alcohol
that threatens the health, safety or right to
peaceful enjoyment of the premises by other
residents.
(b)
c.
d.
Provide and maintain any appliances that
are to be provided by the tenant.
Family damage. The owner is not responsible for a
breach of the HQS because of damages beyond
normal wear and tear caused by any member of the
household or by a guest.
Housing services. The owner must provide all
housing services as agreed to in the lease.
(3)
8. Termination of Tenancy by Owner
a. Requirements. The owner may only terminate the
b.
tenancy in accordance with the lease and HUD
requirements.
Grounds. During the term of the lease (the initial
term of the lease or any extension term), the owner
may only terminate the tenancy becaus e of:
(1)
Serious or repeated violation of the lease;
(2)
Violation of Federal, State, or local law that
imposes obligations on the tenant in
connection with the occupancy or use of the
unit and the premises;
(3)
Criminal activity or alcohol abuse (as
provided in paragraph c); or
(4)
Other good cause (as provided in paragraph
d).
c.
Criminal activity or alcohol abuse.
(1) The owner may terminate the tenancy during
the term of the lease if any member of the
household, a guest or another person under a
resident’s control commits any of the
following types of criminal activity:
(a)
Any criminal activity that threatens the
health or safety of, or the right to
peaceful enjoyment of the premises by,
other residents (including property
management staff residing on the
premises);
(b)
Any criminal activity that threatens the
health or safety of, or the right to
peaceful enjoyment of their residences
by, persons residing in the immediate
vicinity of the premises;
(c)
Any violent criminal activity on or near
the premises; or
(d)
Any drug-related criminal activity on or
near the premises.
(2) The owner may terminate the tenancy during
the term of the lease if any member of the
household is:
(a) Fleeing to avoid prosecution, or custody
or confinement after conviction, for a
crime, or attempt to commit a crime, that
Previous editions are obsolete
d.
Other good cause for termination of tenancy
(1) During the initial lease term, other good cause
for termination of tenancy must be something
the family did or failed to do.
(2) During the initial lease term or during any
extension term, other good cause may include:
(a) Disturbance of neighbors,
(b)
Destruction of property, or
(c)
Living or housekeeping habits that cause
damage to the unit or premises.
(3) After the initial lease term, such good cause
may include:
(a)
The tenant’s failure to accept the owner’s
offer of a new lease or revision;
(b)
The owner’s desire to use the unit for
personal or family use or for a purpose
other than use as a residential rental unit;
or
(c) A business or economic reason for
termination of the tenancy (such as sale of
the property, renovation of the unit, the
owner’s desire to rent the unit for a higher
rent).
(4) The examples of other good cause in this
paragraph do not preempt any State or local
laws to the contrary.
(5) In the case of an owner who is an immediate
successor in interest pursuant to foreclosure
during the term of the lease, requiring the
tenant to vacate the property prior to sale shall
not constitute other good cause, except that the
owner may terminate the tenancy effective on
the date of transfer of the unit to the owner if
the owner: (a) will occupy the unit as a
primary residence; and (b) has provided the
tenant a notice to vacate at least 90 days before
the effective date of such notice. This
provision shall not affect any State or local law
that provides for longer time periods or
addition protections for tenants. This
provision will sunset on December 31, 2012
unless extended by law.
form HUD-52641-A (8/2009)
ref Handbook 7420.8
e. Protections for Victims of Abuse.
housing agency can demonstrate an actual and
imminent threat to other tenants or those employed
at or providing service to the property if the tenant
is not evicted or terminated from assistance.
(1) An incident or incidents of actual or threatened
domestic violence, dating violence, or stalking will
not be construed as serious or repeated violations of
the lease or other “good cause” for termination of
the assistance, tenancy, or occupancy rights of such
a victim.
(7) Nothing in this section shall be construed to
supersede any provision of any Federal, State, or
local law that provides greater protection than this
section for victims of domestic violence, dating
violence, or stalking.
(2) Criminal activity directly relating to abuse, engaged
in by a member of a tenant’s household or any
guest or other person under the tenant’s control,
shall not be cause for termination of assistance,
tenancy, or occupancy rights if the tenant or an
immediate member of the tenant’s family is the
victim or threatened victim of domestic violence,
dating violence, or stalking.
(3) Notwithstanding any restrictions on admission,
occupancy, or terminations of occupancy or
assistance, or any Federal, State or local law to the
contrary, a PHA, owner or manager may
“bifurcate” a lease, or otherwise remove a
household member from a lease, without regard to
whether a household member is a signatory to the
lease, in order to evict, remove, terminate
occupancy rights, or terminate assistance to any
individual who is a tenant or lawful occupant and
who engages in criminal acts of physical violence
against family members or others. This action may
be taken without evicting, removing, terminating
assistance to, or otherwise penalizing the victim of
the violence who is also a tenant or lawful
occupant. Such eviction, removal, termination of
occupancy rights, or termination of assistance shall
be effected in accordance with the procedures
prescribed by Federal, State, and local law for the
termination of leases or assistance under the
housing choice voucher program.
(4) Nothing in this section may be construed to limit
the authority of a public housing agency, owner, or
manager, when notified, to honor court orders
addressing rights of access or control of the
property, including civil protection orders issued to
protect the victim and issued to address the
distribution or possession of property among the
household members in cases where a family breaks
up.
(5) Nothing in this section limits any otherwise
available authority of an owner or manager to evict
or the public housing agency to terminate
assistance to a tenant for any violation of a lease
not premised on the act or acts of violence in
question against the tenant or a member of the
tenant’s household, provided that the owner,
manager, or public housing agency does not subject
an individual who is or has been a victim of
domestic violence, dating violence, or stalking to a
more demanding standard than other tenants in
determining whether to evict or terminate.
(6) Nothing in this section may be construed to limit
the authority of an owner or manager to evict, or
the public housing agency to terminate assistance,
to any tenant if the owner, manager, or public
Previous editions are obsolete
f.
Eviction by court action. The owner may only evict the
tenant by a court action.
g. Owner notice of grounds
(1) At or before the beginning of a court action to
evict the tenant, the owner must give the
tenant a notice that specifies the grounds for
termination of tenancy. The notice may be
included in or combined with any owner
eviction notice.
(2)
The owner must give the PHA a copy of any
owner eviction notice at the same time the
owner notifies the tenant.
(3)
Eviction notice means a notice to vacate, or a
complaint or other initial pleading used to
begin an eviction action under State or local
law.
9.
Lease: Relation to HAP Contract
If the HAP contract terminates for any reason, the lease terminates
automatically.
10.
PHA Termination of Assistance
The PHA may terminate program assistance for the family for any
grounds authorized in accordance with HUD requirements. If the PHA
terminates program assistance for the family, the lease terminates
automatically.
11.
Family Move Out
The tenant must notify the PHA and the owner before the family moves
out of the unit.
12.
Security Deposit
a.
The owner may collect a security deposit from the
tenant. (However, the PHA may prohibit the owner
from collecting a security deposit in excess of
private market practice, or in excess of amounts
charged by the owner to unassisted tenants. Any
such PHA-required restriction must be specified in
the HAP contract.)
b.
When the family moves out of the contract unit, the
owner, subject to State and local law, may use the
security deposit, including any interest on the
deposit, as reimbursement for any unpaid rent
payable by the tenant, any damages to the unit or
any other amounts that the tenant owes under the
lease.
c.
The owner must give the tenant a list of all items
charged against the security deposit, and the amount
of each item. After deducting the amount, if any,
used to reimburse the owner, the owner must
promptly refund the full amount of the unused
balance to the tenant.
form HUD-52641-A (8/2009)
ref Handbook 7420.8
d.
If the security deposit is not sufficient to cover
amounts the tenant owes under the lease, the owner
may collect the balance from the tenant.
13. Prohibition of Discrimination
In accordance with applicable equal opportunity statutes, Executive
Orders, and regulations, the owner must not discriminate against any
person because of race, color, religion, sex, national origin, age,
familial status or disability in connection with the lease.
14. Conflict with Other Provisions of Leas e
a.
b.
The terms of the tenancy addendum are prescribed
by HUD in accordance with Federal law and
regulation, as a condition for Federal assistance to
the tenant and tenant’s family under the Section 8
voucher program.
In case of any conflict between the provisions of the
tenancy addendum as required by HUD, and any
other provisions of the lease or any other agreement
between the owner and the tenant, the requirements
of the HUD-required tenancy addendum shall
control.
15. Changes in Lease or Rent
a. The tenant and the owner may not make any
change in the tenancy addendum. However, if the
tenant and the owner agree to any other changes in
the lease, such changes must be in writing, and
the owner must immediately give the PHA a copy
of such changes. The lease, including any changes,
must be in accordance with the requirements of the
tenancy addendum.
b. In the following cases, tenant-based assistance shall
not be continued unless the PHA has approved a
new tenancy in accordance with program
requirements and has executed a new HAP contract
with the owner:
(1) If there are any changes in lease requirements
governing tenant or owner responsibilities for
utilities or appliances;
(2) If there are any changes in lease provisions
governing the term of the lease;
(3)
Family. The persons who may reside in the unit with assistance under
the program.
HAP contract. The housing assistance payments contract between the
PHA and the owner. The PHA pays housing assistance payments to the
owner in accordance with the HAP contract.
Household. The persons who may reside in the contract unit. The
household consists of the family and any PHA-approved live-in aide.
(A live-in aide is a person who resides in the unit to provide necessary
supportive services for a member of the family who is a person with
disabilities.)
Housing quality standards (HQS). The HUD minimum quality
standards for housing assisted under the Section 8 tenant-based
programs.
HUD. The U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements for the Section 8 program.
HUD requirements are issued by HUD headquarters, as regulations,
Federal Register notices or other binding program directives.
Lease. The written agreement between the owner and the tenant for the
lease of the contract unit to the tenant. The lease includes the tenancy
addendum prescribed by HUD.
PHA. Public Housing Agency.
Premises. The building or complex in which the contract unit is
located, including common areas and grounds.
Program. The Section 8 housing choice voucher program.
Rent to owner. The total monthly rent payable to the owner for the
contract unit. The rent to owner is the sum of the portion of rent
payable by the tenant plus the PHA housing assistance payment to the
owner.
Section 8. Section 8 of the United States Housing Act of 1937 (42
United States Code 1437f).
Tenant. The family member (or members) who leases the unit from the
owner.
Voucher program. The Section 8 housing choice voucher program.
Under this program, HUD provides funds to a PHA for rent subsidy on
behalf of eligible families. The tenancy under the lease will be assisted
with rent subsidy for a tenancy under the voucher program.
If the family moves to a new unit, even if the
unit is in the same building or complex.
c.
PHA approval of the tenancy, and execution of a
new HAP contract, are not required for agreed
changes in the lease other than as specified in
paragraph b.
d. The owner must notify the PHA of any changes in
the amount of the rent to owner at least sixty days
before any such changes go into effect, and the
amount of the rent to owner following any such
agreed change may not exceed the reasonable rent
for the unit as most recently determined or
redetermined by the PHA in accordance with HUD
requirements.
16.
Notices
Any notice under the lease by the tenant to the owner or by the owner
to the tenant must be in writing.
17.
Definitions
Contract unit. The housing unit rented by the tenant with assistance
under the program.
Previous editions are obsolete
form HUD-52641-A (8/2009)
ref Handbook 7420.8
Housing Assistance Payments Contract
(HAP Contract)
Section 8 Tenant-Based Assistance
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
OMB Approval 2577-0169 (Exp. 04/30/2014)
Privacy Act Statement. The Department of Housing and Urban Development (HUD) is authorized to collect the information required on this form by
Section 8 of the U.S. Housing Act of 1937 (42 U.S.C. 1437f). Collection of family members’ names and unit address, and owner’s name and payment
address is mandatory. The information is used to provide Section 8 tenant-based assistance under the Housing Choice Voucher program in the form
of housing assistance payments. The information also specifies what utilities and appliances are to be supplied by the owner, and what utilities and
appliances are to be supplied by the tenant. HUD may disclose this information to Federal, State and local agencies when relevant to civil, criminal, or
regulatory investigations and prosecutions. It will not be otherwise disclosed or released outside of HUD, except as permitted or required by law.
Failure to provide any of the information may result in delay or rejection of family or owner participation in the program.
Housing Choice Voucher Program
Instructions for use of HAP Contract
This form of Housing Assistance Payments Contract (HAP contract)
is used to provide Section 8 tenant-based assistance under the
housing choice voucher program (voucher program) of the U.S.
Department of Housing and Urban Development (HUD). The main
regulation for this program is 24 Code of Federal Regulations Part
982.
The local voucher program is administered by a public housing
agency (PHA) . The HAP contract is an agreement between the PHA
and the owner of a unit occupied by an assisted family. The HAP
contract has three parts:
Part A Contract information (fill-ins). See
section by section instructions. Part B
Body of contract
Part C Tenancy addendum
Use of this form
Use of this HAP contract is required by HUD. Modification of the
HAP contract is not permitted. The HAP contract must be word-forword in the form prescribed by HUD.
However, the PHA may choose to add the following:
Language that prohibits the owner from collecting a security
deposit in excess of private market practice, or in excess of
amounts charged by the owner to unassisted tenants. Such a
prohibition must be added to Part A of the HAP contract.
Language that defines when the housing assistance payment by
the PHA is deemed received by the owner (e.g., upon mailing
by the PHA or actual receipt by the owner). Such language
must be added to Part A of the HAP contract.
To prepare the HAP contract, fill in all contract information in Part
A of the contract. Part A must then be executed by the owner and the
PHA.
Use for special housing types
In addition to use for the basic Section 8 voucher program, this form
must also be used for the following “special housing types” which are
voucher program variants for special needs (see 24 CFR Part 982,
Subpart M): (1) single room occupancy (SRO) housing; (2)
congregate housing; (3) group home; (4) shared housing; and (5)
manufactured home rental by a family that leases the manufactured
home and space. When this form is used for a special housing type,
the special housing type shall be specified in Part A of the HAP
contract, as follows: “This HAP contract is used for the following
special housing type under HUD regulations for the Section 8
voucher program: (Insert Name of Special Housing type).”
However, this form may not be used for the following special
housing types: (1) manufactured home space rental by a family that
owns the manufactured home and leases only the space; (2)
cooperative housing; and (3) the homeownership option under
Section 8(y) of the United States Housing Act of 1937 (42 U.S.C.
1437f(y)).
How to fill in Part A
Section by Section Instructions
Section 2: Tenant
Enter full name of tenant.
Section 3. Contract Unit
Enter address of unit, including apartment number, if any.
Section 4. Household Members
Enter full names of all PHA-approved household members. Specify if
any such person is a live-in aide, which is a person approved by the
PHA to reside in the unit to provide supportive services for a family
member who is a person with disabilities.
Section 5. Initial Lease Term
Enter first date and last date of initial lease term.
The initial lease term must be for at least one year. However, the
PHA may approve a shorter initial lease term if the PHA
determines that:
Such shorter term would improve housing
opportunities for the tenant, and
Such shorter term is the prevailing local market
practice.
Section 6. Initial Rent to Owner
Enter the amount of the monthly rent to owner during the
initial lease term. The PHA must determine that the rent to owner is
reasonable in comparison to rent for other comparable unassisted units.
During the initial lease term, the owner may not raise the rent to
owner.
Section 7. Housing Assistance Payment
Enter the initial amount of the monthly housing assistance
payment.
Section 8. Utilities and Appliances.
The lease and the HAP contract must specify what utilities and
appliances are to be supplied by the owner, and what
utilities and appliances are to be supplied by the tenant. Fill in
section 8 to show who is responsible to provide or pay for utilities
and appliances.
Page 1 of 12 form HUD-52641 (8/2009)
Previous editions are obsolete
ref Handbook 7420.8
Housing Assistance Payments Contract
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
(HAP Contract)
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program
Part A of the HAP Contract: Contract Information
(To prepare the contract, fill out all contract information in Part A.)
1.
Contents of Contract This
HAP contract has three parts:
Part A: Contract Information
Part B: Body of Contract Part
C: Tenancy Addendum
2.
Tenant
3.
Contract Unit
4.
Household
The following persons may reside in the unit. Other persons may not be added to the household without prior written approval of
the owner and the PHA.
5.
Initial Lease Term
The initial lease term begins on (mm/dd/yyyy): __________________
The initial lease term ends on (mm/dd/yyyy): ____________________
6.
7.
Initial Rent to Owner
The initial rent to owner is: $ ________________________
During the initial lease term, the owner may not raise the rent to owner.
Initial Housing Assistance Payment
The HAP contract term commences on the first day of the initial lease term. At the beginning of the HAP contract term, the amount
of the housing assistance payment by the PHA to the owner is $__________________ per month.
The amount of the monthly housing assistance payment by the PHA to the owner is subject to change during the HAP contract term
in accordance with HUD requirements .
form HUD-52641 (8/2009)
Previous editions are obsolete
Page 2 of 12
ref Handbook 7420.8
8. Utilities and Appliances
The owner shall provide or pay for the utilities and appliances indicated below by an “ O”. The tenant shall provide or pay for the utilities and appliances indicated
below by a “T”. Unless otherwise specified below, the owner shall pay for all utilities and appliances provided by the owner.
Item
Specify fuel type
Provided by
Heating
Natural gas
Bottle gas
Oil or Electric
Coal or Other
Cooking
Natural gas
Bottle gas
Oil or Electric
Coal or Other
Water Heating
Natural gas
Bottle gas
Oil or Electric
Coal or Other
Paid by
Other Electric
Water
Sewer
Trash Collection
Air Conditioning
Refrigerator
Range/Microwave
Other (specify)
Signatures:
Public Housing Agency
Print or Type Name of PHA
Signature
Print or Type Name and Title of Signatory
Date (mm/dd/yyyy)
Owner
Print or Type Name of Owner
Signature
Print or Type Name and Title of Signatory
Date (mm/dd/yyyy)
Mail Payments to:
Name
Address (street, city, State, Zip)
form HUD-52641 (8/2009)
Previous editions are obsolete
Page 3 of 12
ref Handbook 7420.8
U.S. Department of Housing
and Urban Development
Office of Public and Indian Housing
Housing Assistance Payments Contract
(HAP Contract)
Section 8 Tenant-Based Assistance
Housing Choice Voucher Program
Part B of HAP Contract: Body of Contract
1. Purpose
a.
This is a HAP contract between the PHA and the
owner. The HAP contract is entered to provide
assistance for the family under the Section 8 voucher
program (see HUD program regulations at
24 Code of Federal Regulations Part 982).
b.
The HAP contract only applies to the household and
contract unit specified in Part A of the HAP
contract.
c.
During the HAP contract term, the PHA will pay
housing assistance payments to the owner in
accordance with the HAP contract.
d.
The family will reside in the contract unit with
assistance under the Section 8 voucher program. The
housing assistance payments by the PHA assist the
tenant to lease the contract unit from the owner for
occupancy by the family.
d.
e.
f.
2. Lease of Contract Unit
a.
b.
c.
d.
The owner has leased the contract unit to the tenant
for occupancy by the family with assistance under
the Section 8 voucher program.
The PHA has approved leasing of the unit in
accordance with requirements of the Section 8
voucher program.
The lease for the contract unit must include wordfor-word all provisions of the tenancy addendum
required by HUD (Part C of the HAP contract).
The owner certifies that:
(1) The owner and the tenant have entered into a
lease of the contract unit that includes all
provisions of the tenancy addendum.
(2)
(3)
e.
g.
4. Term of HAP Contract
a.
b.
b.
c.
Relation to lease term. The term of the HAP
contract begins on the first day of the initial term of
the lease, and terminates on the last day of the term
of the lease (including the initial lease term and any
extensions).
When HAP contract terminates.
(1) The HAP contract terminates automatically if
the lease is terminated by the owner or the
tenant.
(2) The PHA may terminate program assistance
for the family for any grounds authorized in
accordance with HUD requirements. If the
PHA terminates program assistance for the
family, the HAP contract terminates
automatically.
(3) If the family moves from the contract unit, the
HAP contract terminates automatically.
(4) The HAP contract terminates automatically 180
calendar days after the last housing assistance
payment to the owner.
The lease is in a standard form that is used in
the locality by the owner and that is generally
used for other unassisted tenants in the
premises.
The lease is consistent with State and local
law.
The owner is responsible for screening the family’s
behavior or suitability for tenancy. The PHA is not
responsible for such screening. The PHA has no
liability or responsibility to the owner or other
persons for the family’s behavior or the family’s
conduct in tenancy.
(5) The PHA may terminate the HAP contract if
the PHA determines, in accordance with HUD
requirements, that available program funding is
not sufficient to support continued assistance
for families in the program.
(6) The HAP contract terminates automatically upon the
death of a single member household, including single
member households with a live-in aide.
3. Maintenance, Utilities, and Other Services
a.
for such breach include recovery of overpayments,
suspension of housing assistance payments,
abatement or other reduction of housing assistance
payments, termination of housing assistance
payments, and termination of the HAP contract. The
PHA may not exercise such remedies against the
owner because of an HQS breach for which the
family is responsible, and that is not caused by the
owner.
The PHA shall not make any housing assistance
payments if the contract unit does not meet the HQS,
unless the owner corrects the defect within the
period specified by the PHA and the PHA verifies
the correction. If a defect is life threatening, the
owner must correct the defect within no more than
24 hours. For other defects, the owner must correct
the defect within the period specified by the PHA.
The PHA may inspect the contract unit and premises
at such times as the PHA determines necessary, to
ensure that the unit is in accordance with the HQS.
The PHA must notify the owner of any HQS defects
shown by the inspection.
The owner must provide all housing services as
agreed to in the lease.
The owner must maintain the contract unit and
premises in accordance with the housing quality
standards (HQS).
The owner must provide all utilities needed to
comply with the HQS.
If the owner does not maintain the contract unit in
accordance with the HQS, or fails to provide all
utilities needed to comply with the HQS, the PHA
may exercise any available remedies. PHA remedies
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Page 4 of 12
ref Handbook 7420.8
(7)
(8)
(9)
The PHA may terminate the HAP contract if the
PHA determines that the contract unit does not
provide adequate space in accordance with the
HQS because of an increase in family size or a
change in family composition.
If the family breaks up, the PHA may terminate
the HAP contract, or may continue housing
assistance payments on behalf of family members
who remain in the contract unit.
The PHA may terminate the HAP contract if the
PHA determines that the unit does not meet all
requirements of the HQS, or determines that the
owner has otherwise breached the HAP contract.
5. Provision and Payment for Utilities and Appliances
a.
b.
c.
The lease must specify what utilities are to be provided
or paid by the owner or the tenant.
The lease must specify what appliances are to be provided or paid by the owner or the tenant.
Part A of the HAP contract specifies what utilities and
appliances are to be provided or paid by the owner or
the tenant. The lease shall be consistent with the HAP
contract.
6. Rent to Owner: Reasonable Rent
a.
During the HAP contract term, the rent to owner may at
no time exceed the reasonable rent for the contract
unit as most recently determined or redetermined by
the PHA in accordance with HUD requirements.
b. The PHA must determine whether the rent to owner is
reasonable in comparison to rent for other comparable
unassisted units. To make this determination, the PHA
must consider:
(1)
The location, quality, size, unit type, and age of
the contract unit; and
(2)
Any amenities, housing services, maintenance
and utilities provided and paid by the owner.
c. The PHA must redetermine the reasonable rent when
required in accordance with HUD requirements. The
PHA may redetermine the reasonable rent at any time.
d. During the HAP contract term, the rent to owner may
not exceed rent charged by the owner for comparable
unassisted units in the premises. The owner must give
the PHA any information requested by the PHA on
rents charged by the owner for other units in the
premises or elsewhere.
7. PHA Payment to Owner
a. When paid
(1) During the term of the HAP contract, the PHA
must make monthly housing assistance payments
to the owner on behalf of the family at the
(2)
(3)
beginning of each month.
The PHA must pay housing assistance payments
promptly when due to the owner.
If housing assistance payments are not paid
promptly when due after the first two calendar
months of the HAP contract term, the PHA shall
pay the owner penalties if all of the following
circumstances apply: (i) Such penalties are in
accordance with generally accepted practices and
law, as applicable in the local housing market,
governing penalties for late payment of rent by a
tenant; (ii) It is the owner’s practice to charge
such penalties for assisted and unassisted tenants;
and (iii) The owner also charges such penalties
against the tenant for late payment of family rent
to owner. However, the PHA shall not be
obligated to pay any late payment penalty if HUD
determines that late payment by the PHA is due
to factors beyond the PHA’s control. Moreover,
the PHA shall not be obligated to pay any late
payment penalty if housing assistance payments
by the PHA are delayed or denied as a remedy for
owner breach of the HAP contract (including any
of the following PHA remedies: recovery of
overpayments, suspension of housing assistance
payments, abatement or reduction of housing
assistance payments, termination of housing
assistance payments and termination of the
contract).
(4) Housing assistance payments shall only be paid
to the owner while the family is residing in the
contract unit during the term of the HAP contract.
The PHA shall not pay a housing assistance
payment to the owner for any month after the
month when the family moves out.
b. Owner compliance with HAP contract. Unless the
owner has complied with all provisions of the HAP
contract, the owner does not have a right to receive
housing assistance payments under the HAP contract.
c. Amount of PHA payment to owner
(1) The amount of the monthly PHA housing
assistance payment to the owner shall be
determined by the PHA in accordance with HUD
requirements for a tenancy under the voucher
program.
(2)
The amount of the PHA housing assistance
payment is subject to change during the HAP
contract term in accordance with HUD
requirements. The PHA must notify the family
and the owner of any changes in the amount of
the housing assistance payment.
(3)
The housing assistance payment for the first
month of the HAP contract term shall be prorated for a partial month.
d. Application of payment. The monthly housing
assistance payment shall be credited against the
monthly rent to owner for the contract unit.
e. Limit of PHA responsibility.
(1) The PHA is only responsible for making housing
assistance payments to the owner in accordance
with the HAP contract and HUD requirements for
a tenancy under the voucher program.
(2)
f.
The PHA shall not pay any portion of the rent to
owner in excess of the housing assistance
payment. The PHA shall not pay any other claim
by the owner against the family.
Overpayment to owner. If the PHA determines that
the owner is not entitled to the housing assistance
payment or any part of it, the PHA, in addition to other
remedies, may deduct the amount of the overpayment
from any amounts due the owner (including amounts
due under any other Section 8 assistance contract).
8. Owner Certification
form HUD-52641 (8/2009)
Previous editions are obsolete
Page 5 of 12
ref Handbook 7420.8
During the term of this contract, the owner certifies that:
a. The owner is maintaining the contract unit and premises in
accordance with the HQS.
b. The contract unit is leased to the tenant. The lease includes
the tenancy addendum (Part C of the HAP contract),
and is in accordance with the HAP contract and
program requirements. The owner has provided the
lease to the PHA, including any revisions of the lease.
c.
The rent to owner does not exceed rents charged by the
owner for rental of comparable unassisted units in the
premises.
d.
Except for the rent to owner, the owner has not
received and will not receive any payments or other
consideration (from the family, the PHA, HUD, or any
other public or private source) for rental of the contract
unit during the HAP contract term.
e.
The family does not own or have any interest in the
contract unit.
f.
To the best of the owner’s knowledge, the members of
the family reside in the contract unit, and the unit is the
family’s only residence.
g.
The owner (including a principal or other interested
party) is not the parent, child, grandparent, grandchild,
sister, or brother of any member of the family, unless
the PHA has determined (and has notified the owner
and the family of such determination) that approving
rental of the unit, notwithstanding such relationship,
would provide reasonable accommodation for a family
member who is a person with disabilities.
9. Prohibition of Discrimination. In accordance with
applicable equal opportunity statutes, Executive Orders,
and regulations:
a.
b.
The owner must not discriminate against any person
because of race, color, religion, sex, national origin,
age, familial status, or disability in connection with the
HAP contract.
The owner must cooperate with the PHA and HUD in
conducting equal opportunity compliance reviews and
complaint investigations in connection with the HAP
contract.
10. Owner’s Breach of HAP Contract
a.
Any of the following actions by the owner (including a
principal or other interested party) is a breach of the
HAP contract by the owner:
(1)
If the owner has violated any obligation under the
HAP contract, including the owner’s obligation
to maintain the unit in accordance with the HQS.
(2)
If the owner has violated any obligation under
any other housing assistance payments contract
under Section 8.
(3)
If the owner has committed fraud, bribery or any
other corrupt or criminal act in connection with
any Federal housing assistance program.
For projects with mortgages insured by HUD or
loans made by HUD, if the owner has failed to
comply with the regulations for the applicable
mortgage insurance or loan program, with the
mortgage or mortgage note, or with the
regulatory agreement; or if the owner has
committed fraud, bribery or any other corrupt or
criminal act in connection with the mortgage or
loan.
(5) If the owner has engaged in any drug-related
b.
c.
d.
e.
f.
criminal activity or any violent criminal activity.
If the PHA determines that a breach has occurred, the
PHA may exercise any of its rights and remedies under
the HAP contract, or any other available rights and
remedies for such breach. The PHA shall notify the
owner of such determination, including a brief
statement of the reasons for the determination. The
notice by the PHA to the owner may require the owner
to take corrective action, as verified or determined by
the PHA, by a deadline prescribed in the notice.
The PHA’s rights and remedies for owner breach of the
HAP contract include recovery of overpayments,
suspension of housing assistance payments, abatement
or other reduction of housing assistance payments,
termination of housing assistance payments, and
termination of the HAP contract.
The PHA may seek and obtain additional relief by
judicial order or action, including specific performance,
other injunctive relief or order for damages.
Even if the family continues to live in the contract unit,
the PHA may exercise any rights and remedies for
owner breach of the HAP contract.
The PHA’s exercise or non-exercise of any right or
remedy for owner breach of the HAP contract is not a
waiver of the right to exercise that or any other right or
remedy at any time.
11. PHA and HUD Access to Premises and Owner’s Records
a.
The owner must provide any information pertinent to
the HAP contract that the PHA or HUD may
reasonably require.
b.
The PHA, HUD and the Comptroller General of the
United States shall have full and free access to the
contract unit and the premises, and to all accounts and
other records of the owner that are relevant to the HAP
contract, including the right to examine or audit the
records and to make copies.
c.
The owner must grant such access to computerized or
other electronic records, and to any computers, equipment or facilities containing such records, and must
provide any information or assistance needed to access
the records.
12. Exclusion of Third Party Rights
a.
b.
c.
(4)
d.
The family is not a party to or third party beneficiary of
Part B of the HAP contract. The family may not
enforce any provision of Part B, and may not exercise
any right or remedy against the owner or PHA under
Part B.
The tenant or the PHA may enforce the tenancy
addendum (Part C of the HAP contract) against the
owner, and may exercise any right or remedy against
the owner under the tenancy addendum.
The PHA does not assume any responsibility for injury
to, or any liability to, any person injured as a result of
the owner’s action or failure to act in connection with
management of the contract unit or the premises or with
implementation of the HAP contract, or as a result of
any other action or failure to act by the owner.
The owner is not the agent of the PHA, and the HAP
contract does not create or affect any relationship
between the PHA and any lender to the owner or any
suppliers, employees, contractors or subcontractors
used by the owner in connection with management of
form HUD-52641 (8/2009)
Previous editions are obsolete
Page 6 of 12
ref Handbook 7420.8
the contract unit or the premises or with
implementation of the HAP contract.
13. Conflict of Interest
a.
“Covered individual” means a person or entity who is a
member of any of the following classes:
(1) Any present or former member or officer of the
PHA (except a PHA commissioner who is a
participant in the program);
(2)
(3)
(4)
Any employee of the PHA, or any contractor,
sub-contractor or agent of the PHA, who
formulates policy or who influences decisions
with respect to the program;
Any public official, member of a governing body,
or State or local legislator, who exercises
functions or responsibilities with respect to the
program; or
Any member of the Congress of the United
States.
b. A covered individual may not have any direct or
indirect interest in the HAP contract or in any benefits
or payments under the contract (including the interest
of an immediate family member of such covered
individual) while such person is a covered individual or
during one year thereafter.
c.
“Immediate family member” means the spouse, parent
(including a stepparent), child (including a stepchild),
grandparent, grandchild, sister or brother (including a
stepsister or stepbrother) of any covered individual.
d. The owner certifies and is responsible for assuring that
no person or entity has or will have a prohibited
interest, at execution of the HAP contract, or at any
time during the HAP contract term.
e. If a prohibited interest occurs, the owner shall promptly
and fully disclose such interest to the PHA and HUD.
f. The conflict of interest prohibition under this section
may be waived by the HUD field office for good cause.
g. No member of or delegate to the Congress of the
United States or resident commissioner shall be
admitted to any share or part of the HAP contract or to
any benefits which may arise from it.
the Fair Housing Act or other Federal equal
opportunity requirements.
e. The HAP contract may not be assigned to a new owner
if the new owner (including a principal or other
interested party) is the parent, child, grandparent,
grandchild, sister or brother of any member of the
family, unless the PHA has determined (and has
notified the family of such determination) that
approving the assignment, notwithstanding such
relationship, would provide reasonable accommodation
for a family member who is a person with disabilities.
f. The PHA may deny approval to assign the HAP
contract if the owner or proposed new owner (including
a principal or other interested party):
(1) Has violated obligations under a housing assistance
payments contract under Section 8;
(2) Has committed fraud, bribery or any other corrupt
or criminal act in connection with any Federal
housing program;
(3) Has engaged in any drug-related criminal activity
or any violent criminal activity;
(4) Has a history or practice of non-compliance with
the HQS for units leased under the Section 8
tenant-based programs, or non-compliance with
applicable housing standards for units leased with
project-based Section 8 assistance or for units
leased under any other Federal housing program;
(5) Has a history or practice of failing to terminate
tenancy of tenants assisted under any Federally
assisted housing program for activity engaged in
by the tenant, any member of the household, a
guest or another person under the control of any
member of the household that:
(a) Threatens the right to peaceful enjoyment
of the premises by other residents;
(b) Threatens the health or safety of other
residents, of employees of the PHA, or of
owner employees or other persons engaged in
management of the housing;
(c) Threatens the health or safety of, or the
right to peaceful enjoyment of their residents
by, persons residing in the immediate vicinity of
the premises; or
(d) Is drug-related criminal activity or
violent criminal activity;
(6) Has a history or practice of renting units that fail to
meet State or local housing codes; or
(7) Has not paid State or local real estate taxes, fines or
assessments.
14. Assignment of the HAP Contract
a.
b.
c.
d.
The owner may not assign the HAP contract to a new
owner without the prior written consent of the PHA.
If the owner requests PHA consent to assign the HAP
contract to a new owner, the owner shall supply any
information as required by the PHA pertinent to the
proposed assignment.
The HAP contract may not be assigned to a new owner
that is debarred, suspended or subject to a limited
denial of participation under HUD regulations (see 24
Code of Federal Regulations Part 24).
The HAP contract may not be assigned to a new owner
if HUD has prohibited such assignment because:
(1) The Federal government has instituted an
administrative or judicial action against the
owner or proposed new owner for violation of the
Fair Housing Act or other Federal equal
opportunity requirements, and such action is
pending; or
(2) A court or administrative agency has determined
that the owner or proposed new owner violated
g. The new owner must agree to be bound by and comply
with the HAP contract. The agreement must be in
writing, and in a form acceptable to the PHA. The new
owner must give the PHA a copy of the executed
agreement.
15. Foreclosure. In the case of any foreclosure, the immediate
successor in interest in the property pursuant to the foreclosure
shall assume such interest subject to the lease between the prior
owner and the tenant and to the HAP contract between the prior
owner and the PHA for the occupied unit. This provision does not
affect any State or local law that provides longer time periods or
other additional protections for tenants. This provision will sunset
on December 31, 2012 unless extended by law.
form HUD-52641 (8/2009)
Previous editions are obsolete
Page 7 of 12
ref Handbook 7420.8
16. Written Notices. Any notice by the PHA or the owner
in connection with this contract must be in writing.
17.
Entire Agreement: Interpretation
a. The HAP contract contains the entire agreement between
the owner and the PHA.
b
The HAP contract shall be interpreted and implemented
in accordance with all statutory requirements, and with
all HUD requirements, including the HUD program
regulations at 24 Code of Federal Regulations Part 982.
form HUD-52641 (8/2009)
Previous editions are obsolete
Page 8 of 12
ref Handbook 7420.8
Housing Assistance Payments Contract U.S. Department of Housing
(HAP Contract) and Urban Development
Section 8 Tenant-Based Assistance Office of Public and Indian Housing
Housing Choice Voucher Program
Part C of HAP Contract: Tenancy Addendum
term of the lease and any extension term), the rent to
owner may at no time exceed:
(1) The reasonable rent for the unit as most
recently determined or redetermined by the
PHA in accordance with HUD requirements,
or
(2) Rent charged by the owner for comparable
unassisted units in the premises.
1. Section 8 Voucher Program
a.
b.
The owner is leasing the contract unit to the tenant
for occupancy by the tenant’s family with assistance
for a tenancy under the Section 8 housing choice
voucher program (voucher program) of the United
States Department of Housing and Urban
Development (HUD).
The owner has entered into a Housing Assistance
Payments Contract (HAP contract) with the PHA
under the voucher program. Under the HAP
contract, the PHA will make housing assistance
payments to the owner to assist the tenant in leasing
the unit from the owner.
5. Family Payment to Owner
a.
b.
2. Lease
a.
b.
The owner has given the PHA a copy of the lease,
including any revisions agreed by the owner and the
tenant. The owner certifies that the terms of the lease
are in accordance with all provisions of the HAP
contract and that the lease includes the tenancy
addendum.
The tenant shall have the right to enforce the
tenancy addendum against the owner. If there is any
conflict between the tenancy addendum and any
other provisions of the lease, the language of the
tenancy addendum shall control.
c.
d.
3. Use of Contract Unit
a.
b.
c.
d.
e.
During the lease term, the family will reside in the
contract unit with assistance under the voucher
program.
The composition of the household must be approved
by the PHA. The family must promptly inform the
PHA of the birth, adoption or court-awarded custody
of a child. Other persons may not be added to the
household without prior written approval of the
owner and the PHA.
The contract unit may only be used for residence by
the PHA-approved household members. The unit
must be the family’s only residence. Members of the
household may engage in legal profit making
activities incidental to primary use of the unit for
residence by members of the family.
The tenant may not sublease or let the unit.
The tenant may not assign the lease or transfer the
unit.
4. Rent to Owner
a.
b.
c.
The initial rent to owner may not exceed the amount
approved by the PHA in accordance with HUD
requirements.
Changes in the rent to owner shall be determined by
the provisions of the lease. However, the owner may
not raise the rent during the initial term of the lease.
During the term of the lease (including the initial
e.
f.
The family is responsible for paying the owner any
portion of the rent to owner that is not covered by
the PHA housing assistance payment.
Each month, the PHA will make a housing
assistance payment to the owner on behalf of the
family in accordance with the HAP contract. The
amount of the monthly housing assistance payment
will be determined by the PHA in accordance with
HUD requirements for a tenancy under the Section 8
voucher program.
The monthly housing assistance payment shall be
credited against the monthly rent to owner for the
contract unit.
The tenant is not responsible for paying the portion
of rent to owner covered by the PHA housing
assistance payment under the HAP contract between
the owner and the PHA. A PHA failure to pay the
housing assistance payment to the owner is not a
violation of the lease. The owner may not terminate
the tenancy for nonpayment of the PHA housing
assistance payment.
The owner may not charge or accept, from the
family or from any other source, any payment for
rent of the unit in addition to the rent to owner. Rent
to owner includes all housing services, maintenance,
utilities and appliances to be provided and paid by
the owner in accordance with the lease.
The owner must immediately return any excess rent
payment to the tenant.
6. Other Fees and Charges
a.
b.
c.
Rent to owner does not include cost of any meals or
supportive services or furniture which may be
provided by the owner.
The owner may not require the tenant or family
members to pay charges for any meals or supportive
services or furniture which may be provided by the
owner. Nonpayment of any such charges is not
grounds for termination of tenancy.
The owner may not charge the tenant extra amounts
for items customarily included in rent to owner in
the locality, or provided at no additional cost to
unsubsidized tenants in the premises.
7. Maintenance, Utilities, and Other Services
a.
Maintenance
(1) The owner must maintain the unit and premises
in accordance with the HQS.
(2) Maintenance and replacement (including
redecoration) must be in accordance with the
standard practice for the building concerned as
established by the owner.
b.
(2) The owner may terminate the tenancy during
the term of the lease if any member of the
household is:
(a) Fleeing to avoid prosecution, or custody
or confinement after conviction, for a
crime, or attempt to commit a crime, that
is a felony under the laws of the place
from which the individual flees, or that,
in the case of the State of New Jersey, is
a high misdemeanor; or
Utilities and appliances
(1)
The owner must provide all utilities needed to
comply with the HQS.
(2)
The owner is not responsible for a breach of
the HQS caused by the tenant’s failure to:
(a) Pay for any utilities that are to be paid by
the tenant.
(b)
Violating a condition of probation or
parole under Federal or State law.
(3) The owner may terminate the tenancy for
criminal activity by a household member in
accordance with this section if the owner
determines that the household member has
committed the criminal activity, regardless of
whether the household member has been
arrested or convicted for such activity.
(b)
Provide and maintain any appliances
that are to be provided by the tenant.
c. Family damage. The owner is not responsible for a
breach of the HQS because of damages beyond
normal wear and tear caused by any member of the
household or by a guest.
d.
Housing services. The owner must provide all
housing services as agreed to in the lease.
(4) The owner may terminate the tenancy during
the term of the lease if any member of the
household has engaged in abuse of alcohol
that threatens the health, safety or right to
peaceful enjoyment of the premises by other
residents.
8. Termination of Tenancy by Owner
a. Requirements. The owner may only terminate the
b.
tenancy in accordance with the lease and HUD
requirements.
Grounds. During the term of the lease (the initial
term of the lease or any extension term), the owner
may only terminate the tenancy becaus e of:
(1)
Serious or repeated violation of the lease;
(2)
(3)
d.
(2) During the initial lease term or during any
extension term, other good cause may include:
(a) Disturbance of neighbors,
Violation of Federal, State, or local law that
imposes obligations on the tenant in
connection with the occupancy or use of the
unit and the premises;
Criminal activity or alcohol abuse (as
provided in paragraph c); or
(b)
Living or housekeeping habits that cause
damage to the unit or premises.
(3) After the initial lease term, such good cause
may include:
(a) The tenant’s failure to accept the owner’s
offer of a new lease or revision;
(b) The owner’s desire to use the unit for
personal or family use or for a purpose
other than use as a residential rental unit;
or
Other good cause (as provided in paragraph
d).
Criminal activity or alcohol abuse.
(1) The owner may terminate the tenancy during
the term of the lease if any member of the
household, a guest or another person under a
resident’s control commits any of the
following types of criminal activity:
(a)
(b)
(c)
(d)
Destruction of property, or
(c)
(4)
c.
Other good cause for termination of tenancy
(1) During the initial lease term, other good cause
for termination of tenancy must be something
the family did or failed to do.
(c) A business or economic reason for
termination of the tenancy (such as sale of
the property, renovation of the unit, the
owner’s desire to rent the unit for a higher
rent).
Any criminal activity that threatens the
health or safety of, or the right to
peaceful enjoyment of the premises by,
other residents (including property
management staff residing on the
premises);
(5) The examples of other good cause in this
paragraph do not preempt any State or local
laws to the contrary.
Any criminal activity that threatens the
health or safety of, or the right to
peaceful enjoyment of their residences
by, persons residing in the immediate
vicinity of the premises;
Any violent criminal activity on or near
the premises; or
Any drug-related criminal activity on or
near the premises.
(6)
In the case of an owner who is an immediate
successor in interest pursuant to foreclosure
during the term of the lease, requiring the
tenant to vacate the property prior to sale shall
not constitute other good cause, except that the
owner may terminate the tenancy effective on
the date of transfer of the unit to the owner if
the owner: (a) will occupy the unit as a
primary residence; and (b) has provided the
tenant a notice to vacate at least 90 days before
the effective date of such notice. This
form HUD-52641 (8/2009)
Previous editions are obsolete
Page 10 of 12
ref Handbook 7420.8
provision shall not affect any State or local law
that provides for longer time periods or
addition protections for tenants. This
provision will sunset on December 31, 2012
unless extended by law.
more demanding standard than other tenants in
determining whether to evict or terminate.
(6) Nothing in this section may be construed to limit
the authority of an owner or manager to evict, or
the public housing agency to terminate assistance,
to any tenant if the owner, manager, or public
housing agency can demonstrate an actual and
imminent threat to other tenants or those employed
at or providing service to the property if the tenant
is not evicted or terminated from assistance.
e. Protections for Victims of Abuse.
(1) An incident or incidents of actual or threatened
domestic violence, dating violence, or stalking will
not be construed as serious or repeated violations of
the lease or other “good cause” for termination of
the assistance, tenancy, or occupancy rights of
such a victim.
(2) Criminal activity directly relating to abuse,
engaged in by a member of a tenant’s household or
any guest or other person under the tenant’s
control, shall not be cause for termination of
assistance, tenancy, or occupancy rights if the
tenant or an immediate member of the tenant’s
family is the victim or threatened victim of
domestic violence, dating violence, or stalking.
(3) Notwithstanding any restrictions on admission,
occupancy, or terminations of occupancy or
assistance, or any Federal, State or local law to the
contrary, a PHA, owner or manager may
“bifurcate” a lease, or otherwise remove a
household member from a lease, without regard to
whether a household member is a signatory to the
lease, in order to evict, remove, terminate
occupancy rights, or terminate assistance to any
individual who is a tenant or lawful occupant and
who engages in criminal acts of physical violence
against family members or others. This action may
be taken without evicting, removing, terminating
assistance to, or otherwise penalizing the victim of
the violence who is also a tenant or lawful
occupant. Such eviction, removal, termination of
occupancy rights, or termination of assistance shall
be effected in accordance with the procedures
prescribed by Federal, State, and local law for the
termination of leases or assistance under the
housing choice voucher program.
(4) Nothing in this section may be construed to limit
the authority of a public housing agency, owner, or
manager, when notified, to honor court orders
addressing rights of access or control of the
property, including civil protection orders issued to
protect the victim and issued to address the
distribution or possession of property among the
household members in cases where a family breaks
up.
(5) Nothing in this section limits any otherwise
available authority of an owner or manager to evict
or the public housing agency to terminate
assistance to a tenant for any violation of a lease
not premised on the act or acts of violence in
question against the tenant or a member of the
tenant’s household, provided that the owner,
manager, or public housing agency does not subject
an individual who is or has been a victim of
domestic violence, dating violence, or stalking to a
(7) Nothing in this section shall be construed to
supersede any provision of any Federal, State, or
local law that provides greater protection than this
section for victims of domestic violence, dating
violence, or stalking.
f.
Eviction by court action. The owner may only evict the
tenant by a court action.
g. Owner notice of grounds
(1) At or before the beginning of a court action to
evict the tenant, the owner must give the
tenant a notice that specifies the grounds for
termination of tenancy. The notice may be
included in or combined with any owner
eviction notice.
(2)
The owner must give the PHA a copy of any
owner eviction notice at the same time the
owner notifies the tenant.
(3)
Eviction notice means a notice to vacate, or a
complaint or other initial pleading used to
begin an eviction action under State or local
law.
9. Lease: Relation to HAP Contract
If the HAP contract terminates for any reason, the lease terminates
automatically.
10. PHA Termination of Assistance
The PHA may terminate program assistance for the family for any
grounds authorized in accordance with HUD requirements. If the PHA
terminates program assistance for the family, the lease terminates
automatically.
11. Family Move Out
The tenant must notify the PHA and the owner before the family moves
out of the unit.
12. Security Deposit
a.
The owner may collect a security deposit from the
tenant. (However, the PHA may prohibit the owner
from collecting a security deposit in excess of
private market practice, or in excess of amounts
charged by the owner to unassisted tenants. Any
such PHA-required restriction must be specified in
the HAP contract.)
b.
When the family moves out of the contract unit, the
owner, subject to State and local law, may use the
security deposit, including any interest on the
deposit, as reimbursement for any unpaid rent
payable by the tenant, any damages to the unit or
any other amounts that the tenant owes under the
lease.
form HUD-52641 (8/2009)
Previous editions are obsolete
Page 11 of 12
ref Handbook 7420.8
c.
d.
The owner must give the tenant a list of all items
charged against the security deposit, and the amount
of each item. After deducting the amount, if any,
used to reimburse the owner, the owner must
promptly refund the full amount of the unused
balance to the tenant.
If the security deposit is not sufficient to cover
amounts the tenant owes under the lease, the owner
may collect the balance from the tenant.
Any notice under the lease by the tenant to the owner or by the owner
to the tenant must be in writing.
17. Definitions
13. Prohibition of Discrimination
In accordance with applicable equal opportunity statutes, Executive
Orders, and regulations, the owner must not discriminate against any
person because of race, color, religion, sex, national origin, age,
familial status or disability in connection with the lease.
14. Conflict with Other Provisions of Leas e
a.
b.
The terms of the tenancy addendum are prescribed
by HUD in accordance with Federal law and
regulation, as a condition for Federal assistance to
the tenant and tenant’s family under the Section 8
voucher program.
In case of any conflict between the provisions of the
tenancy addendum as required by HUD, and any
other provisions of the lease or any other agreement
between the owner and the tenant, the requirements
of the HUD-required tenancy addendum shall
control.
15. Changes in Lease or Rent
a. The tenant and the owner may not make any
change in the tenancy addendum. However, if the
tenant and the owner agree to any other changes in
the lease, such changes must be in writing, and the
owner must immediately give the PHA a copy of
such changes. The lease, including any changes,
must be in accordance with the requirements of
the tenancy addendum.
b. In the following cases, tenant-based assistance shall
not be continued unless the PHA has approved a
new tenancy in accordance with program
requirements and has executed a new HAP contract
with the owner:
(1) If there are any changes in lease requirements
governing tenant or owner responsibilities for
utilities or appliances;
(2) If there are any changes in lease provisions
governing the term of the lease;
Contract unit. The housing unit rented by the tenant with
assistance under the program.
Family. The persons who may reside in the unit with assistance
under the program.
HAP contract. The housing assistance payments contract between the
PHA and the owner. The PHA pays housing assistance payments to the
owner in accordance with the HAP contract.
Household. The persons who may reside in the contract unit. The
household consists of the family and any PHA-approved live-in aide.
(A live-in aide is a person who resides in the unit to provide
necessary supportive services for a member of the family who is a
person with disabilities.)
Housing quality standards (HQS). The HUD minimum
quality standards for housing assisted under the Section 8
tenant-based programs.
HUD. The U.S. Department of Housing and Urban Development.
HUD requirements. HUD requirements for the Section 8 program.
HUD requirements are issued by HUD headquarters, as regulations,
Federal Register notices or other binding program directives.
Lease. The written agreement between the owner and the tenant for the
lease of the contract unit to the tenant. The lease includes the tenancy
addendum prescribed by HUD.
PHA. Public Housing Agency.
Premises. The building or complex in which the contract unit is
located, including common areas and grounds.
Program. The Section 8 housing choice voucher program.
Rent to owner. The total monthly rent payable to the owner for the
contract unit. The rent to owner is the sum of the portion of rent
payable by the tenant plus the PHA housing assistance payment to
the owner.
Section 8. Section 8 of the United States Housing Act of 1937 (42
United States Code 1437f).
Tenant. The family member (or members) who leases the unit from
the owner.
Voucher program. The Section 8 housing choice voucher program.
Under this program, HUD provides funds to a PHA for rent subsidy
on behalf of eligible families. The tenancy under the lease will be
assisted with rent subsidy for a tenancy under the voucher program.
(3)
If the family moves to a new unit, even if the
unit is in the same building or complex.
c. PHA approval of the tenancy, and execution of a
new HAP contract, are not required for agreed
changes in the lease other than as specified in
paragraph b.
d. The owner must notify the PHA of any changes in
the amount of the rent to owner at least sixty days
before any such changes go into effect, and the
amount of the rent to owner following any such
agreed change may not exceed the reasonable rent
for the unit as most recently determined or
redetermined by the PHA in accordance with HUD
requirements.
16. Notices
form HUD-52641 (8/2009)
Previous editions are obsolete
Page 12 of 12
ref Handbook 7420.8
KING COUNTY
HOUSING AUTHORITY
__________________________________________________
SUSPECTED FRAUD/CRIMINAL ACTIVITY COMPLAINT FORM
POLICY STATEMENT
The King County Housing Authority is dedicated to providing quality affordable housing opportunities and to
build communities through partnerships. We encourage self-sufficiency and we protect the dignity of people
with limited resources while safeguarding the public trust. The King County Housing Authority vigorously
pursues fraud and criminal activity allegations and strongly encourages those with information regarding
fraud/criminal activity, to notify the King County Housing Authority by completing this form or calling our
hotline at 206-214-1353.
PLEASE PRINT INFORMATION LEGIBLY
DATE: __________________ NAME OF SUBJECT________________________________________________________________
ADDRESS OF SUBJECT______________________________________________________________________________________
YOUR NAME______________________________________________YOUR TELEPHONE #_______________________________
YOUR RELATIONSHIP TO SUBJECT____________________________________________________________________________
WOULD YOU BE WILLING TO TESTIFY AT AN INFORMAL ADMINISTRATIVE HEARING? YES_______________NO_____________
NARRATIVE-WHAT ARE YOU ALLEGING?
________________________________________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
IS THE SUBJECT EMPLOYED? YES________NO________NAME OF COMPANY OR BUSINESS TYPE__________________________
NAMES OF UNAUTHORIZED LIVE INS? ADULTS__________________________________________________________________
________________________________________________________________________________________________________
MINORS (UNDER 18 YEARS OLD) _____________________________________________________________________________
_______________________________________________________________________________________________________
IS THE UNAUTHORIZED LIVE IN, EMPLOYED OR RECEIVING INCOME? YES__________NO__________IF YES, WHERE OR SOURCE
OF INCOME?
_______________________________________________________________________________________________
HAVE THE POLICE BEEN TO THE UNIT OR MADE ANY ARRESTS TO ANY HOUSHOLD MEMBERS AWAY FROM THE UNIT?
YES_________NO_________ IF YES, PLEASE EXPLAIN_____________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
VEHICLE INFORMATION OF UNAUTHORIZED LIVE INS? LICENSE PLATE NUMBER(S)_____________________________________
________________________________________________________________________________________________________
DOES THE UNAUTHORIZED LIVE IN RECEIVE MAIL AT THE SUBSIDIZED UNIT? YES________NO_________UNKNOWN__________
IS THERE ANY OTHER INFORMATION YOU BELIEVE WOULD BE HELPFUL REGARDING YOUR ALLEGATIONS? (EXAMPLE:
PROBATION OFFICER INFORMATION, BANK ACCOUNTS, STORE /CHARGE CARD ACCOUNTS, SCHOOL RECORDS, COURT
DOCUMENTS, POLICE REPORTS/CASE #’S, CHILD PROTECTIVE SERVICES INVOLVEMENT, PROPERTY OWNED, VEHICLE OWNED,
ETC.)____________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
________________________________________________________________________________________________________
_____________________________________________________________________________________
REQUEST FOR NON-DISCLOSURE (Optional): Pursuant to RCW 42.56.240(2) of the Public Records Act, I request
that information revealing my identity NOT be disclosed because I fear that such disclosure would endanger my or
someone else’s life, physical safety, or property. SIGN HERE: _________________________________________
Mail/Email/Fax Form To:
Peter Tran
Fraud Investigator
King County Housing Authority
700 Andover Park West
Tukwila, WA 98188
Confidential FAX: 206-357-2432
Email: [email protected]
( ) Fraud Hot- line Call
( ) Complaint form mailed dropped or
faxed into KCHA offices
( ) Other ____________________
Date Received ________________
OK to release reporting person’s name?
( ) Yes
( ) No
( ) Did not Specify
Housing Specialist: _________________
Date Assigned ____________________
KCHA 809 S8/PH Revised 9/14/12